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The circumstances of the Applicant's severe illness, travel difficulties and the security issues in Sudan were all worthy considerations duly taken into account by the Organization during efforts made to accommodate the Applicant and achieve partial resolution as aforementioned. On receipt of the Applicant’s management evaluation request, it was also within the discretion of the Respondent based on staff rule 11.2(c) to extend the 60- day deadline. That discretion, however, does not extend to the Tribunal. The Tribunal has no jurisdiction to waive the management evaluation request deadlines...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, UNAT held that UNDT erred in receiving the application in respect of a service contract. UNAT held that UNDT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms...

UNAT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. UNAT held that UNDT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-UNAT-036)). UNAT held that UNDT erred in law in applying the decision in Rosca (UNDT/2009/052), which was disproved by UNAT in Costa, but that the error did not affect the outcome...

UNAT noted that, even though it found the case non-receivable, UNDT undertook a final review of the Appellant’s allegations and that the case failed on the facts. UNAT held that UNDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. UNAT held there was no basis to disagree with UNDT. UNAT dismissed the appeal.

UNAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. UNAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. UNAT held that UNDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

UNAT held that the UNDT’s judgment in Rosca was no longer good law, having been overruled by UNAT in Costa. UNAT held that time limits prescribed for administrative review and management evaluation (in the new system) could not be waived under Article 8(3) of the UNDT Statute, due to a specific prohibition in this respect contained in Article 8(4) of the UNDT Statute, as interpreted by UNDT in Costa and affirmed by UNAT. UNAT held that the application was time-barred and the delay in filing could not be condoned. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that it was open to UNDT to consider the preliminary issue of whether the Appellant had legal standing even to challenge the administrative decision not to advertise the vacancies. UNAT held there was no error in the UNDT’s decision that the Appellant was not entitled to contest the administrative decision since he was not an eligible candidate for any of the vacant posts. UNAT held that the Appellant had no stake in the administrative decision as his rights and terms were not affected by the fact that the posts were not advertised. UNAT held that the appeal failed on the ground that...

UNAT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. UNAT held that UNDT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the Appellant had only presented arguments challenging the Administration’s behaviour and the decision to terminate her contract with UNMIK. UNAT held that the Appellant had failed to demonstrate how UNDT, by judging the application not receivable and dismissing it on this ground, could have exceeded its jurisdiction, failed to exercise it, made an error of law or procedure, or made an error of fact that resulted in a manifestly unreasonable decision. UNAT held that UNDT had correctly dismissed the application as not receivable since the request for administrative review had...

UNAT held that the Appellant failed to explain how UNDT exceeded or failed to exercise its jurisdiction or competence, erred on a question of law or procedure, or erred on a question of fact, resulting in a manifestly unreasonable decision. UNAT recalled that the UNDT Statute precluded UNDT from suspending or waiving the deadlines for management evaluation. UNAT held that UNDT was therefore correct in concluding that the application was not receivable and to reject it on that basis. UNAT dismissed the appeal and upheld the UNDT Judgment.