UNDT/2012/083 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/083, Fetahu et al.

UNAT Held or UNDT Pronouncements

Request for revision of a ruling on an application for suspension of action: It follows from the combined provisions of articles 2.2, 11.3 and 12.1 of the UNDT Statute that a request for revision of a ruling on an application for suspension of action is not receivable. Even assuming that such a ruling might be open to revision, it is not possible for the Tribunal to revise it when the contested decision has been fully implemented.Extension of deadline for management evaluation: Staff rule 11.2(c) specifically provides that only the Secretary-General has the authority to extend the deadline for the filing of a request for management evaluation pending efforts for informal resolution conducted by the Office of the Ombudsman. It is clear from this provision that in order to exercise such authority, the Secretary-General must be informed of the ongoing efforts for informal resolution.

Decision Contested or Judgment Appealed

The Applicants request the revision of Judgment UNDT/2011/118, which rejected their applications for suspension of action on the decisions not to renew their fixed-term appointments. The Tribunal rejects the application as irreceivable, quoting the ruling in Woinowsky-Krieger Order No. 67 (GVA/2010). In addition, it finds that the application does not comply with the requirements of article 12.1 of its Statute since the facts relied upon are neither decisive, nor were they unknown to the Applicants at the time Judgment UNDT/2011/118 was rendered.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Fetahu et al.

Entity

UNMIK

Case Number(s)

UNDT/GVA/2011/038

Tribunal

UNDT

Registry Location :

Geneva