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Transferred JAB cases are governed by the ±¬ÁÏÍøDT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the ±¬ÁÏÍøDT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.

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...

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 High commissioner is not bound to follow the recommendations of the Appointments, Promotion, and Postings Commission, but he cannot grant a promotion without the situation of the eligible official having been examined by the Commission. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. It is up to the...

The High Commissioner is not bound to follow the recommendations of the Appointments, Promotions, and Postings Commission, but he cannot grant a promotion without the situation of the eligible official having been examined by the Commission. It is up to the administration to establish the list of promotions to put in place regulations to reconcile the two imperatives of advancement on merit and that of gender parity, if necessary by establishing quotas. Failing to have such regulations in place, the administration must apply the regulations in force. .Article 10, paragraph 5, of the Tribunal's...

The time limit for appeal runs from the date on which the appellant receives the Secretary General's response to her request for review. If the Administration maintains that it received it before the date indicated by the Applicant, it is up to the Administration to provide proof thereof. The minutes of the sessions held by the Appointments, Promotions, and Assignments Committee are documents allowing the judge to verify the procedure followed by the Commission. To obtain the annulment of a decision refusing promotion, the Applicant must establish either that the list of promotions was taken...

When a time limit for filing an appeal expires on a Sunday, the appeal presented on the following Monday is admissible. Since, neither in his introductory appeal nor by subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for review which he made to the Secretary-General, the judge confines itself to examining the arguments expressly raised. While it is up to the judge to rule on the regularity of promotion procedures and on factual errors made by the administration, it is not for him to take the place of the High...

The judge makes his decision on the basis of all the documents in the file to the extent that all the parties are aware of them and have been able to discuss them. He must not exclude a document produced by a party unless it is submitted after the expiry of a time limit which he himself has fixed or which is imposed on him by the texts and only if this document is not likely to modify the outcome of the dispute, a hypothesis which requires the judge to grant the parties additional time to ensure compliance with the adversarial proceedings. The regulations in force for establishing the list of...

The Applicant can only challenge the decisions before the Joint Appeals Board and subsequently before the judge only the decisions for which she requested a management evaluation.
Since, neither in her introductory application nor in subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for management evaluation. The judge limits himself to examining the arguments expressly raised.
The refusal of the hierarchical superior to propose a staff member for promotion is an administrative decision that can be challenged. In the...

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

The representative, proposed by the staff to sit on a mixed staff-administration consultative body and appointed by the High Commissioner, may legally sit on the said body even though the staff association which proposed him has withdrawn its confidence. the fact that this staff representative is, after his designation, appointed to an inspection function is not in itself sufficient to create a situation of conflict of interest preventing him from sitting. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives...

It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. Paragraph 5 of article 10 of the ±¬ÁÏÍøDT¡¯s Statutes imposes on the judge, in certain cases to set compensation that the Respondent may choose to pay in lieu of the annulment of the contested administrative decision. The judge takes into account the material damage...

The Applicant addressed a letter dated 29 May 2009 to the Secretary-General requesting him to ¡°reverse that decision¡± but no mention was made of the non-renewal of the Applicant¡¯s contract because it was only on 30 June 2009 that the Applicant was informed that his contract would not be renewed beyond 30 September 2009. The Applicant sought to establish that he had in fact requested a review of the decision and referred to an email he had sent to the Registrar of the ICTR in which he informed him that he was contesting the decision not to renew his contract. That email was dated 27 April 2009...

On consideration of the totality of the applicant¡¯s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.

The Applicant¡¯s counsel registered his concerns about a potential conflict of interest, given that the Registrar of this Tribunal was involved, at least in part, in the decision making processes which form the substance of the present application. Counsel for the Applicant stated that he simply wished for his concerns to be recorded, but that he was not seeking a ruling on the issue. The Applicant¡¯s concerns with regard to the potential conflict of interest on the part of the Registrar were noted. Notwithstanding the Applicant¡¯s position that he was not seeking a ruling on the issue, the...

Staff members with permanent appointments are afforded additional protections, particularly when nearing retirement age. Administration¡¯s obligation to protect the position of a permanent staff member includes, at least, an enquiry and the taking of reasonable steps to ascertain if there were any suitable positions available for the staff member. The staff member is required to cooperate in this search but the responsibility for protecting the position of the permanent employee is primarily with the employer.The universal obligation of both employee and employer to act in good faith towards...

Staff rule 111.2 (a) requires that a staff member who wishes to challenge an administrative decision to request the Secretary-General, within two months of notification of the said decision, for the decision to be reconsidered. This period starts from the notification of the first refusal decision. The sending by the administration of decisions confirming a first refusal does not reopen the deadlines. However, it is up to the judge to ascertain before rejecting a time-barred request that the staff member has not been misled by the administration on the terms of his appeal.