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UNDT held that the application was receivable because the time limit for management evaluation had not yet expired and management evaluation was still pending. UNDT took note of the findings of the JAB Panel, which recommended suspension of action following the Applicant’s request to this end dated 22 June 2009, and of the Deputy Secretary-General’s memorandum by which such suspension was granted. UNDT noted that both the Panel and the Secretary-General came to the conclusion that the questioned decision was prima facie unlawful and that the Applicant’s reassignment, if implemented, would...

UNDT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. UNDT held that the contested decision in the present case did not appear to be prima facie unlawful. UNDT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. UNDT also held that the decision of non-renewal was not an improper exercise of discretion. UNDT held that there was no evidence that the non-renewal...

UNDT noted that the procedure to be followed for the given position to be re-titled and re-classified had not been completed by the time the Applicant submitted her request to the UNDT. UNDT concluded that no administrative decision had yet been made by the time the request for suspension of action was submitted to UNDT and considered by same. UNDT therefore held that the request had to be considered inadmissible, nothing preventing the Applicant from contesting the forthcoming decision.

The Tribunal’s decision to grant a suspension of action on such a decision would not have the effect of rescinding or reversing the contested decision as claimed by the Respondent, but only that of suspending temporarily, from the date of the Tribunal’s decision and until such date as provided for in the UNDT statute, the legal consequences of the contested decision. The Applicant claims that the decision was not taken by the Secretary-General despite the Respondent’s claims to the contrary. The Respondent refused to comply with the Tribunal’s orders to submit a signed confirmation from the...

One of the elements that an application for suspension of action must show is that the contested decision “appears prima facie to be unlawful”, i.e. that there is a reasonably arguable case that the contested decision is unlawful. A merely reasonable (hence legitimate in ordinary parlance) expectation of a particular outcome is not the same as a legitimate expectation that gives rise to any legal rights, and will be insufficient to establish reasonably arguable unlawfulness. Outcome: The Judge held that there is an insufficient evidentiary basis for concluding even on a prima facie level that...

In light of the Applicant’s withdrawal of his application for suspension of action and subsequent lack of prosecution of the proceedings, there is no matter for adjudication before the Tribunal. The application is dismissed for want of prosecution, without determination of its merits, and the case is closed.

Prima facie unlawfulness: The Tribunal found in Villamoran UNDT/2011/126, that the mandatory 31-day break in service for staff between their fixed-term and temporary appointments, if not supported by law, is prima facie unlawful. The Respondent was ordered to provide evidence to support the decision but failed to do so. The evidence submitted neglected to show the publication date or the precise method of publication of the revised administrative instruction. The Administration has an obligation to properly announce amendments to Staff rules and regulations for decisions to be proper and made...

At this stage, the Applicant’s allegations are assertions that are not adequately supported by evidence. Outcome: Dismissal of the application.

The current Application for suspension of action must be adjudicated against the stipulated cumulative test, in that the Applicant must establish that the impugned decision is prima facie unlawful, calls for urgent adjudication and that implementation of the impugned decision would cause him irreparable harm. The Tribunal finds no impropriety in the Respondent’s application of the staff retention criteria in respect of the Applicant. This Application therefore fails on the limb of prima facie unlawfulness therefore. Having found that the impugned decision is not unlawful, and given that the...

UNDT held that the Applicant satisfied the test that the decision appeared to be prima facie unlawful. UNDT held that the Applicant satisfied the urgency test. UNDT noted that the decision would leave five days, from the date of the Judgment, for the Applicant to obtain temporary employment for a period of three months. UNDT held that a stay in the implementation of the decision, albeit for the limited period of an additional 25 calendar days, until the management evaluation is due on 7 November 2011, would serve the purpose of allowing sufficient time for the Respondent to carry out a proper...