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The Tribunal observes that the Applicant’s claims concerning the decision to take into consideration events post-dating 31 March 2010 and the decision not to allow him to rebut his performance appraisal became moot and it considers that he failed to show that he was still suffering any injury because of these reversed decisions. It further notes that the rebuttal process is still pending and it therefore rejects as premature the Applicant’s claims concerning the decision to apply ST/AI/2002/3 and the decision to carry out a single appraisal. It also rejects his claims of bad faith, abuse of...

Receivability/administrative decision: Preliminary decisions such as the choice of an appropriate basis for a staff member’s performance appraisal do not have direct legal effects on his/her rights. They 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.Delegation of authority: A delegation of authority should not be guessed at or presumed. It must precede the taking of a decision and is not synonymous with retrospective rubberstamping.Classification of posts/generic job profiles: Section 2.2 of ST...

The Tribunal finds that none of the applicable provisions prevented the renewal of fixed-term appointments for a period of less than a year. It further finds that the alignment policy was properly issued and rejects the Applicant’s allegations of improper motives and discrimination. Terminology: renewal/extension: The wording of staff rule 4.12 and 4.13 shows an undifferentiated use of the terms “renewal” and “extension”. Delegation of authority: A delegation of power should not be guessed at or presumed. Organizational measure: A policy which consists, for a UN Secretariat office away from...

The Tribunal finds that the restructuring constituted a valid exercise of the Respondent’s discretionary authority, that the Applicant’s post was not abolished as he was in fact reassigned against the same budgeted post, and that his reassignment was lawful. Definition of a “post”: A “post” may be defined as the financial authorization given for a job to be performed, irrespective of the fact that it may be funded through budgetary or extra budgetary sources. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad discretion in the organization of...

Management evaluation: Claims against decisions that have not been the subject of a request for management evaluation are not receivable before the Tribunal. An applicant may not seek any rulings or relief in relation to these decisions. The events surrounding them may be part of the factual matrix of the application but they are peripheral at best. Project document: There is no mandatory requirement in the rules or any Administrative Instructions for a project document to be finalised prior to the responsible staff member taking up the project post. Authority for lateral transfers under ST/AI...

Award of allowances: The award of an allowance is contingent upon the existence of a written text. The fact that, in breach of the applicable provisions, the Administration granted the end-of-service allowance to staff members who were in the same situation as the Applicant cannot serve as a basis for awarding the allowance to her. Applicability of national laws: National legislations are not directly applicable to UN staff members, and it is for UN authorized bodies to implement such legislation into the internal laws of the UN. Judicial review: The Tribunal has no jurisdiction to interpret...

Appealable administrative decision: Both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on the Tribunal’s website are matters of internal organization which do not constitute acts adversely affecting staff members’ rights.

Receivability – Outcome of management evaluation: Except in the case foreseen in article 8.1(d)(i)b of the Tribunal’s Statute, Applicants have to await the outcome of the management evaluation process before filing an application with the Tribunal.

Standard of review for interpretation (1): A request for interpretation of a judgment is receivable only if the operative part of it gives rise to uncertainty or ambiguity about its meaning or import.Standard of review for interpretation (2): It would be contrary to the letter and spirit of article 12.3 of the Tribunal’s Statute to seek a reversal or modification of a final judgment under cover of interpretation. The correctness of a judgment is not a matter to be dealt with in this framework, as interpreting, by definition, means shedding light on the original meaning, as opposed to altering...

Receivability/administrative decision: Preliminary steps such as the choice of a legal basis for a staff member’s performance appraisal or the capacity in which a reporting officer signs off on a performance appraisal 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.