The Tribunal concluded that the relevant decisions to fast track the transition of the Applicant's post to Senior Gender Officer were fair, just and transparent.
DPA
Decisions of UNSPC fall under the jurisdiction of the United Nations Appeals Tribunal under art. 2.9 of its Statute. Accordingly, the Dispute Tribunal has no jurisdiction to undertake a judicial review of the contested decision.
In the present case, the Applicant has not identified a reviewable administrative decision and there is no indication that he filed a request for management evaluation before submitting the application.
UNAT held that UNDT previously addressed the issues at hand and, therefore, there were no grounds to consider that the Appellant’s rights to due process were violated by a judgment by default or by not considering her arguments. UNAT noted that UNDT did not err in concluding that there was no administrative decision concerning the Appellant’s return to the G-4 post capable of judicial review under Article 2(1) of the UNDT Statute, as that return was the predictable and logical consequence of her non-selection. UNAT relied on its holding in Zhang (2010-UNAT-078) and held that UNDT correctly...
Receivability: Only the appeal of the compensation amount was receivable—the Respondent had already conceded to the selection processes being flawed, the Applicant’s return to her liened post was not an administrative decision in itself, and the Applicant had defined a fourth decision too vaguely to give it any meaning. Compliance with orders: Lacking a response from Counsel for the Applicant to a written order, the Tribunal determined that, due to his failure to comply with the order, by default the Tribunal would deem that the Applicant had agreed with the Respondent’s contentions regarding...
The hiring manager for the contested position had determined that the Applicant did not fully meet the work experience requirements for the job opening. The Tribunal did not consider that the assessment of the hiring manager that the Applicant had not provided evidence of the relevant work experience was clearly erroneous or unreasonable so as to constitute an error of fact. In addition, after considering ST/AI/2010/3 (Staff selection system) and the Manual for the Hiring Manager on the Staff Selection System, the Tribunal found that there was no error of law when the hiring manager conducted...
The Dispute Tribunal found that the Applicant did not manage to lift her burden of proving that the non-renewal of her contract was not due to poor performance and found instead that the decision was lawful.
Since the Applicant withdrew all allegations and claims in finality, including on the merits with no right of reinstatement, there is no longer a matter for adjudication and therefore the case is closed.
There being no matter for adjudication the case was closed.