±¬ÁÏÍø

Receivability ratione materiae of application for suspension of action pending management evaluation: In order for the Tribunal to act upon an application for suspension of action submitted pursuant to article 2.2 of its Statute, an ¡°administrative decision¡± must be at issue. According to the Tribunal¡¯s case law, a challengeable administrative decision is a decision taken by the Administration which carries direct legal consequences in respect of the applicant¡¯s rights under the terms of his or her appointment or contract of employment.

Receivability of application for suspension of action pending management evaluation: It results from article 2.2 of the Tribunal¡¯s Statute read in conjunction with staff rule 11.2(c) that a request for suspension of action during the pendency of the management evaluation may only be receivable if the request for management evaluation has been submitted in due time.

Administration¡¯s withdrawal of unlawful individual administrative decisions which created rights: According to the Appeals Tribunal¡¯s case law, a decision creating rights cannot in principle be withdrawn by the Administration. However, staff rule 11.2 which governs the management evaluation process constitutes an exception to this principle. Thus, under this provision, the Administration is obliged to withdraw an administrative decision that is unlawful where such decision is challenged by a staff member. It is not appropriate to distinguish between the situation where the Administration finds...

Application for suspension of action pending management evaluation in disciplinary matters: It is clear from a plain reading of article 2.2 of the Tribunal¡¯s Statute, article 13.1 of its Rules of Procedure and staff rule 11.2 that the two former provisions apply only where management evaluation is required. In the instant case, the contested decision is a disciplinary measure which can be challenged before the Tribunal without first seeking management evaluation. Thus, the Tribunal cannot rely on these provisions to order the requested suspension of action pending management evaluation...

Need to observe time-limits: It is for the staff member who sought management evaluation of a decision, once he/she has been informed that the Secretary-General issued his response, to take cognizance of the content of this response as soon as possible and ensure compliance with applicable deadlines.

Renewal of fixed-term appointments: A decision to extend the fixed-term appointment of a staff member for a short period of time contains in fact two decisions, on the hand a decision to extend, on the other, a decision to set a date beyond which the staff member¡¯s appointment will not be extended. Receivability of application against a renewal decision: It follows from staff rule 4.13(c) that when the fixed-term appointment of a staff member expires, that staff member has no right to renewal. Accordingly, a decision to extend a fixed-term appointment, even for a short period of time, is not a...

Compensation: For an administrative decision to give rise to compensation, the Tribunal must first determine that such decision is unlawful. Right to work: Staff members not only have a duty but also a right to do the work for which they have been recruited.

Obligation to consult the staff member affected by a decision to discontinue his/her post: In view of the importance, for the staff member concerned, of the decision to discontinue his/her post, the Tribunal strictly interprets the procedural obligation to consult the affected staff member.

Receivability: For an application to be receivable, it must clearly identify the contested decision and be preceded by a request for management evaluation, where management evaluation is required.

Tribunal¡¯s review of eligibility for benefits: The Secretary-General has no discretion to grant or deny a benefit provided for in the Staff Regulations and Rules and is bound, in this respect, by the applicable rules. Accordingly, when the matter before the Tribunal concerns the refusal to grant a benefit, the Tribunal may only examine whether the staff member was eligible for, or entitled to, such benefit, without taking into account the grounds for refusal provided by the Administration. The fact that other staff members in the same situation may have been granted the disputed benefit is...

Challenging the valididty of a medical certificate: When a staff member submits a medical certificate to justify his or her absence or the failure to fulfill a professional obligation, and where the Administration questions the validity of the medical certificate, it must have the staff member examined by the Organization¡¯s medical service or, in the event of further dispute, by a medical commission.Outcome: Judgment in favour of applicant in full (both financial compensation and rescission ordered)

Requests for management evaluation are mandatory first steps in the appeal process.Outcome: Application rejected on receivability

Suspension of selection process: In view of the broad discretionary authority of the Secretary- General in the organization of services, he may at any time before a candidate has been notified of his/her selection, suspend a selection process. However, he must have a legitimate ground to do so.30-day and 60-day candidates: Pursuant to ST/AI/2006/3, 30-day candidates must be considered before 60-day candidates.Cancellation of a vacancy announcement: The Administration has the obligation to put an end to a selection process vitiated by irregularities. However, it commits a fault for which it...

Jurisdiction: The Tribunal is not competent to examine the lawfulness of a decision made by ECOWAS.

Language of examination: Pursuant to section 5.6 of ST/AI/2010/7, candidates may choose to take the oral examination in either English or French.Alternative compensation: Given that the placement of the Applicant on the roster of successful candidates does not guarantee that she will be selected for a position, and thus does not carry appointment or promotion, the Tribunal is not required to set an amount of compensation that the Respondent may elect to pay as an alternative to the specific performance ordered.Compensation and evidence of injury: While the Applicant seeks compensation for the...

Receivability/administrative decision: Preparatory measures such as the decision not to prepare a work plan for the purpose of appraising a staff member¡¯s performance can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member¡¯s performance appraisal. Rebuttal procedure: It results from ST/AI/2002/3 that a staff member may not challenge before the Tribunal his/her performance rating unless he/she has previously initiated the rebuttal process provided for in this administrative instruction.

Reasons for non-renewal: While the Administration is not bound to provide a staff member with the reasons for the non-renewal of his or her appointment, when the staff member contests before the Tribunal the legality of the non-renewal decision, holding that the motives behind were unlawful, the Administration must communicate to the Tribunal such motives and show they were real.

Administrative decision: A decision imposing to a staff member an obligation to report to work may not be said to be purely preparatory in nature, as it has effects on his or her terms of appointment. As such, it is a decision open to appeal before the Tribunal. Interim measures: The Tribunal may only grant suspension of action on a decision as an interim measure under articles 10.2 of the Statute and 14 of the Rules of procedure during the proceedings of a case, that is, when there is an application against the same decision pending before it. Management evaluation/receivability of suspension...

Appealable decisions: According to article 2.1(a) of the Statute, a staff member may not contest before the Tribunal a decision which does not affect his or her rights under the staff member¡¯s contract of employment or terms of appointment.Decisions on publication of United Nations documents: Pursuant to former staff rule 112.7 and staff rule 1.9, all rights on documents prepared by a staff member as part of his or her functions following his or her supervisors¡¯ instructions and under their supervision belong to the Organization only. Accordingly, a decision on the publication of such document...

Time limit to request management evaluation: Pursuant to art. 8.3 of its Statute, the Dispute Tribunal has no jurisdiction to waive deadlines for management evaluation. Confirmative decisions: Confirmative decisions do not have the effect of reopening time limits for appeal.