The Tribunal ordered the parties to produce consolidated lists of agreed and disputed facts to enable it understand the factual issues at stake.
The Tribunal also ordered the parties to indicate what additional documentaton they requested to be disclosed, and the identities of any witnesses they wished to call, specifying what disputed facts the witnesses would testify about.
The applicable rule stipulates that an application for interim measures during the proceedings must not concern appointment, promotion or termination. As this was clearly a case where the motion for interim measures concerned appointment, the temporary relief set out in art.14 was unavailable to the Applicant.
Accordingly, the motion for interim measures during the proceedings was rejected.
In any case, the Tribunal noted that the contested decision had already been implemented as the Applicant had been separated from UNHCR.
As the Applicant filed the application before the Dispute Tribunal almost two months after the decision to include his name in the ClearCheck database was implemented, the application for suspension of action was therefore not receivable.
For an application for suspension of action to be successful, there must be at least an averment of irreparable harm to the Applicant, which the present application did not contain. The reasons proffered by the Applicant did not constitute grounds for a finding of irreparable damage to the Applicant. The Applicant did not show that the implementation of the contested decision would cause him any harm that could not be compensated by an appropriate award of damages in the event the Applicant subsequently decided to file an application on the merits under art. 2.1 of the Tribunal’s Statute (Evan...
The Tribunal found that the application was premature, as it concerned a recruitment process that was still ongoing and for which there had been no selection decision. The decision not to invite the Applicant for an interview was an intermediate step that was not a final reviewable administrative decision. Consequently, the application was not receivable ratione materiae.
The Tribunal considered that the Applicant did not establish the required irreparable damage. First, the Tribunal noted that the Applicant did not submit that she faced loss of employment or income, but rather that her placement on ALWP was “detrimental and harmful to her professional work and reputation”. Second, by arguing that “she [would] have to painstakingly re-establish her credibility and authority” and “rehabilitate” her professional image, she was, in fact, arguing that these aspects can be repaired. Third, the Applicant did not provide any supporting documentation, such as a medical...
The Tribunal noted that the Applicant requested the interim measure of “[s]uspension of [a]ction of the proposed separation of the Applicant” under art. 14 of the Rules of Procedure. The applicable rule stipulates that an application for interim measures during the proceedings must not concern appointment, promotion or termination. As this was clearly a case where the application concerned termination, the temporary relief set out in art.14 was unavailable to the Applicant.
In any event, the Tribunal noted that the contested decision had already been implemented and that the Applicant had...
The Tribunal initially ordered that, in accordance with the Appeals Tribunal in Villamoran 2011-UNAT-160, the contested should not be implemented during pendency of the present proceedings and before it had adjudicated all matters of the present case.
As the Applicant filed the application to the Dispute Tribunal after the selection had already been implemented, the application for suspension of action was therefore not receivable.
The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024, it did not meet the definition of “administrative decision” within the meaning of art. 2.1(a) of the Tribunal’s Statute.
Because alleged negligence by United Nations officials is not a cause of action available to staff members and is beyond the jurisdiction of the Tribunal, the Applicant could not bring a claim of gross negligence.
The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024. He was required to request management evaluation within 60 calendar days from...
Having established that the Applicant was duly notified of the contested decision on 22 May 2023, the Tribunal found that the request for management evaluation should have been filed by 22 July 2023, at the latest. Since the Applicant only filed the request for management evaluation on 23 November 2023, the Tribunal further found that the application was not receivable.
As Counsel for the Applicant admitted that the Administration had already substantially settled the Applicant’s tax liability claims for 2022 and 2023, the Tribunal also considered those aspects of the application as moot.
The...
