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Receivability: A decision which does not merely confirm a previous decision, but shows that in the meantime, efforts have been made by the Administration to find an alternative arrangement and sets a new deadline, may be considered as a new decision, which has the effect of setting a new time limit for requesting administrative review. In accordance with article 8.4 of the UNDT Statute, the three-year time limit cannot be extended, even in exceptional cases within the meaning of article 8.3 of the Statute. The Dispute Tribunal is not competent to hear the case under article 2.7 (transitional...

Execution of UNAdT judgments: The UNAdT had, and by virtue of the transfer of cases to it, the UNDT has, power to order execution of judgments of the former UNAdT just as it has power to deal with applications for execution under its own Statute and Rules. Time limit for applying for execution of judgment: no time limit is set out in the rules and no party should be without a remedy where execution of judgments is in issue. In this case the Applicant had done all he could to bring the matter to early resolution, it was not his fault that his earlier requests had been ignored. Damages for non...

Applicants have a duty to pursue their causes of action promptly. Delay can cause considerable uncertainty and inconvenience not only for the Respondent but for third parties as well. The Applicant’s fears of retaliation due to the non-existence of administrative machinery to protect him at the material times are not justified. This Application is not receivable as it was filed more than the three years stipulated under Article 8(4) of the Statute of the Dispute Tribunal after the Applicant’s receipt of the contested administrative decision. In addition, the facts in this case would not have...

The Tribunal found that the Applicant first became aware that something was amiss in the recruitment process on 29 February 2008 when he was told that a “hold had been put on” the issuance of his letter of appointment by the SRSG. Subsequently, the Applicant was aware of the decision to appoint another candidate to the position in question in June 2008. Still later, in April 2009, and from the Applicant’s own; submissions, while in New York, he received what he called a “verbal apology” (for the way things turned out) from the Assistant Secretary-General for Peacekeeping Operations. The...

As consistently held by UNAT, the Dispute Tribunal has no jurisdiction to waive deadlines for management evaluation or administrative review. Time limits prescribed for administrative review (and management evaluation under the new system), which could be waived under the previous system, cannot be waived under article 8.3 of the Statute of the Dispute Tribunal, due to a specific prohibition in this respect contained in article 8.3.

In this case, the Applicant filed an application for revision of the judgment out of time. A decisive or material fact is one that was not known at the time the judgment was given. That fact must be of significant weight such that its application to the case should lead to a revision of the judgment.The Applicant was investigated and later summarily dismissed by UNHCR on allegations of corruption in refugee processing in the Nairobi office of UNHCR. The Applicant was also arrested by the Kenyan Police and charged in a Kenyan Court with various criminal offences, however, the Applicant was...

Decisions (a) and (b) are found not receivable and decision (c) is found to be unfounded. The Tribunal also finds that the Applicant’s request for management evaluation (MEU request) included a request for SPA which was not addressed by the Organization. The Applicant did not pursue the applicable procedure established in ST/AI/1998/9. In the absence of an actual administrative decision denying a request for reclassification, the application against the continuous refusal to reclassify his post from the P-4 level to the P-5 level is not receivable.The Applicant’s MEU request indicated that he...

Management evaluation: The Tribunal noted that the contested decision was notified to the Applicant on 30 June 2008 and yet he waited until 20 January 2014, more than five years after the fact, to submit a request for management evaluation. The Tribunal concluded that where an applicant fails to request management evaluation in a timely manner, the Dispute Tribunal has no jurisdiction to consider his/her application. Lastly, the Tribunal noted that even if it was minded to consider the Application, the provisions of article 8.4 of the UNDT Statute clearly place a bar on any such action. Costs...

Administrative decision: The Tribunal held that although UNIFEM/UNDP subsequently took a decision to process the Applicant’s separation from service in 2012, the Tribunal concluded that this was not an appealable administrative decision in accordance with article 2.1 of the UNDT Statute in that the Applicant no longer had a contract of employment with the Organization because he resigned from service in May 2008. Thus, UNIFEM’s 2012 decision to finally record his separation from service did not have any direct legal consequences on him. ;}

This case was first decided by the Dispute Tribunal by Leboeuf et al. UNDT/2010/206, rendered on 30 November 2010. The case, however, was remanded by the United Nations Appeals Tribunal for “further proceedings”. The UNDT found that the Applicants' claims against the lawfulness of the change introduced in December 2004, with effect from January 2005, are time-barred and not receivable under arts. 8.3 and 8.4 of the Tribunal’s Statute. The UNDT found that it had no jurisdiction to consider them and the application was receivable only with respect to the subsequent application of the policy on...