The Tribunal took note of the Applicant’s preference to have this case adjudicated in New York since he was “partially resident” in the United States with his family. However, having reviewed all of the arguments advanced by the parties since the filing of the case with the New York Registry, particularly the official documents provided by Counsel for the Respondent, the Tribunal considered that it was appropriate and in the interest of justice to transfer the case to the Geneva Registry. The Tribunal was also satisfied that the Applicant would not be prejudiced by the transfer of the case to...
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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.
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.
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 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.
The case was referred to the Office of the United Nations Ombudsman and Mediation Services (“UNOMS”).
Upon confirmation from UNOMS that the referral was accepted as per para. 7 of Practice Direction No. 3 (Mediation), the proceedings would be suspended for 30 calendar days.
The Tribunal was satisfied that the Applicant had met all the requirements for a suspension of action by showing that the contested decision appeared prima facie to be unlawful, that this was a case of particular urgency, and that implementation of the decision would cause irreparable damage.
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 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 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...