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UNAT held that UNDT correctly found that the non-extension of Mr Houenou’s temporary appointment was a proper exercise of discretion in light of the mission’s budgetary situation.

The application was moot because the contested decision was effectively rescinded and superseded by subsequent renewals of the Applicant’s appointment. The application was dismissed.

UNDT noted that the Applicant had all the information necessary to seek management evaluation of the contested decisions and that the time limit for seeking management evaluation started running on 31 March 2018, which meant that the 60-day deadline for submitting a management evaluation request was 30 May 2018. The Applicant sought management evaluation of the decisions only on 29 June 2018, 29 days out of time. UNDT agreed with the Respondent that the Applicant’s claim that she was unable to “deal with the issue until she was released from the medical facility” on 28 May 2018 was unsupported...

UNDT held that the request for management evaluation was not time-barred. UNDT held that the rules and procedures applied to establish the Applicant’s EOD date were due consequences of the fact that she had been reappointed in 2008. UNDT held that the choice of reappointment as modality of the Applicant’s move was borne out by personnel actions of separation and reappointment and acknowledged by her in the memorandum of understanding with respect to annual leave from 2008. Accordingly, UNDT held that the matter was outside the temporal jurisdiction of UNDT. UNDT held that the EOD date as...

UNAT held that the Applicant failed to request management evaluation of the contested decision within the statutory time limit. UNDT rejected the application as irreceivable.

As part of a closing statement, the Applicant submitted new written evidence. The Tribunal rejected all new evidence as this evidence could have been submitted before the closing of the proceedings and no exceptional circumstances justified the late submission. The Applicant was not fully informed of all the evidence upon which the Administration would rely to impose the disciplinary sanction. However, he was nevertheless informed of the allegations against him and therefore the Tribunal proceeded to a de novo review of the facts and a judicial review of the remaining aspects of the case. It...

The Tribunal dismissed the application for want of a valid statutory basis. The Tribunal found that the Applicant was not seeking a revision of the Judgment per se rather he was asking for an order or a mechanism of enforcing the administrative decision that had rendered his initial application moot.

The Tribunal dismissed the application as irreceivable. The Applicant had requested the Tribunal to order a rescission of the decision to permanently withdraw his MINUSCA’s driver’s permit. The Tribunal noted that this request had been satisfied by the Administration. The relief having been fully granted, there was no longer a justiciable matter before the Tribunal, thus rendering the application moot.

The application filed on 20 March 2019 was time barred since the Applicant was first notified of the impugned decision in July 2018.

Initial assessment of roster candidates The Applicant raised several questions relating to the initial assessment process, which the Tribunal reviewed in turn. The Tribunal noted that under sec. 7.5 of ST/AI/2010/3, the Administration has broad discretion on how to assess shortlisted candidates. While the OHRM Guidelines encourage hiring managers to interview roster candidates in a less formal setting, that is not the only way to assess roster candidates. Therefore, the Tribunal found that the administration of a written assessment and an informal interview for the purpose of a roster...