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The administrative decision to close a staff member’s complaint with no disciplinary action produces direct legal consequences affecting his/her terms and conditions of appointment. Moreover, when the claim concerns issues covered by ST/SGB/2008/5, the staff member is entitled to certain administrative procedures. If he or she is dissatisfied with their outcome, he or she may request judicial review of the administrative decisions taken. Accordingly, the application is receivable in its entirety.
The Panel did not comply with its duty to take the necessary steps to obtain the testimony of one...

UNAT held that the decision of UNDT that the application in relation to the non-renewal decision was moot because the non-renewal decision never materialised was correct. UNAT held that the non-renewal decision was overtaken by the Appellant’s separation for health reasons and that the Appellant had not challenged the actual decision that ultimately resulted in the termination of her employment. UNAT held that UNDT had no obligation to consider the merits of the superseded decision once it correctly found that the application was moot. UNAT held that UNDT did not err in finding that the...

UNAT held that UNDT did not make an error of law in concluding that the Appellant’s application was not receivable ratione materiae. UNAT held that UNDT correctly concluded that there was no implied administrative decision to challenge at the time the Appellant filed his judicial review application and that his application was also not receivable on that basis. UNAT found no errors of fact or law by UNDT in awarding costs against the Appellant. UNAT held that the Appellant was well-aware of his obligation to comply with Staff Rule 11.2(a), yet he: (a) intentionally failed to seek management...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Wright’s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Wright’s application receivable. UNAT held that in light of the UNDT’s error in receiving the application, the UNDT’s...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr Alsado’s application receivable. UNAT held that in light of the UNDT’s error in receiving the application, the UNDT’s...

UNAT considered an appeal by the Secretary-General. UNAT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. UNAT held that the administrative decision was no longer a live issue and UNDT was not competent to pass judgment on the application. UNAT held that UNDT made an error of law when it found Mr. Crotty’s application receivable. UNAT held that in light of UNDT’s error in receiving the application, the UNDT’s...

Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, UNAT dismissed the Appellant’s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General’s appeal in Case No. UNDT/NBI/2015/095 related to the issue settlement agreement, UNAT held that UNDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...

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.

Administrative decision: The essential element of an appeal is that there is a contested and appealable “administrative decision”. “Conduct” is not an administrative decision subject to appeal pursuant to article 8.1(a) of the Tribunal’s Statute. Preparatory decision: Preparatory decisions do not affect the scope or extent of an applicant’s rights and are therefore not subject to appeal. Management evaluation: A request for management evaluation is a necessary step in the appeal process. While the findings of a management evaluation do not form an independent administrative decision subject to...

The Applicant received notification in writing on 30 September 2002 that his fixed-term contract would not be renewed after its expiry on 31 December 2002. The Applicant should therefore have requested a management evaluation by 30 November 2002. The Applicant did not do so. The Applicant, however, requested a management evaluation on 23 October 2009, over seven-and-a-half years after receiving the administrative decision that his fixed-term contract would not be renewed beyond its expiry date. The Tribunal has held that it does not have the power to suspend or waive the deadlines for...