±¬ÁÏÍø

The time for requesting an administrative review runs from the date the administrative decision was received by the staff member. The respondent¡¯s refusal to fulfill the three requests of the applicant resulted in three administrative decisions. Even though these decisions were connected to the letter of reprimand they did not reiterate matters contained in the letter of reprimand and they were motivated by events subsequent to that letter.Outcome: The applicant¡¯s request for administrative review was brought in time and his appeal against the outcome of that review is receivable.

The filing of the incomplete statement of appeal by 31 July 2008 complied with the time limit specified by the Staff Rules. The failure to file the full statement of appeal within one month (as was required by the JAB rules) may (not must) lead to implied abandonment in the absence of explanation and permits restoration of the appeal if an adequate explanation is provided; this does not require exceptional circumstances. The delay was explained by the need to obtain the investigative report and its annexures lying at the centre of the case. What constitutes an adequate explanation will vary...

The Applicant was not considered in accordance with ST/AI/2006/3 as was his legal right.

This judgment is confined to whether the applicant should have access to the report. The applicant was ordered be given access to the panel¡¯s report, subject to an undertaking of confidentiality.

Unlawfulness: There has to be evidence to establish that, at the very least, it is probable that the non-renewal decision of itself was unlawful. Irreparable harm: Harm is irreparable if it can be shown that suspension of the action is the only way to ensure that the applicant¡¯s rights are observed. Although the applicant has expectation of fair treatment, any breach of due process in this case is capable of being compensated financially or by correction of the performance record. Should he be ultimately vindicated, he can get compensation for any losses arising out of defects in the...

The notes taken by the panel contain material that is or may well be relevant to the applicant¡¯s case and therefore they should be provided to the applicant. Outcome: The notes taken by the panel to be provided to the applicant, subject to the applicant making an appropriate confidentiality undertaking.

The Dispute Tribunal may suspend or waive the deadlines for the filing of applications imposed by the Statute and Rules of Procedure, but may not suspend or waive the deadlines in the Staff Rules concerning management evaluation because this is the prerogative of the Secretary-General.The drafters of the Statute of the Dispute Tribunal intended that all applications to the Tribunal would be subject to the rules under which this Tribunal operates. Therefore, pursuant to Article 8.3 of the Statute, the Tribunal has no jurisdiction to extend the deadlines for the filing of requests for...

Decisions made prior to 2 April 2009 are not excluded from being challenged before the Dispute Tribunal. Outcome: The application was held to be receivable and the motion to dismiss was denied. The instant case was also held to be exceptional, deserving of the waiver and extension of the time limits. The staff member was granted two weeks to file and serve a revised application.

±¬ÁÏÍøDT held that it was only when the Applicant learned of the identity of the successful candidate that he could reasonably have apprehended that there were grounds for such a review. Time therefore runs from 2 March 2008. ±¬ÁÏÍøDT held that the time for filing the appeal ran from the time when the Applicant discovered the identity of the person which in turn gave rise to his apprehension that he had grounds for an appeal. Accordingly, his application for review was in time and his appeal is receivable.

The ¡°reason to believe¡± must be more than mere speculation or suspicion: it must be reasonable and hence based on facts sufficiently well founded ¨C though of course, not necessarily proved ¨C to rationally incline the mind of the decision maker to the belief. It is clear that the question is one of fact and degree in which the decision maker is bound to act reasonably but which necessarily involves the exercise of judgment. It is inaccurate to refer to such a judgment as the exercise of a discretion. If the USG in this case had in fact decided that there was ¡°reason to believe¡± that the...