Article 2.2

As indicated by the Respondent in his reply, the selected candidate signed the letter of appointment and assumed her functions on 19 June 2024. She further completed the onboarding formalities on 24 June 2024. Consequently, the Tribunal finds that it can no longer entertain the instant application, which was filed on 28 June 2024, thus after the contested decision has been implemented. Granting an injunction would require reversing the onboarding of the selected candidate, which it clearly cannot do.

An application for suspension of action can only be entertained under the jurisdiction of the Dispute Tribunal when the challenged contested decision is the subject of an ongoing management evaluation (see Onana 2010-UNAT-008, para. 19; Igbinedion 2011-UNAT-159, para. 20). In the present case, the Applicant’s management evaluation request was no longer pending. The evidence showed that the Deputy High Commissioner completed the management evaluation on 27 June 2024, and that the Applicant received the outcome of his management evaluation request the same day. Consequently, as the management...

Since the management evaluation in this case has been completed, one of the cumulative and mandatory conditions specified in art. 2.2 of the Tribunal’s Statute is not fulfilled. The Tribunal will therefore not examine if the remaining statutory requirements have been met, as the matter now lies moot.

Pursuant to Article 2.2 of the Tribunal’s Statute and Article 13.1 of its Rules of Procedure, the Tribunal may suspend the implementation of a contested administrative decision pending management evaluation if the Applicant demonstrates that: The decision appears prima facie unlawful, The matter is of particular urgency, and Implementation would cause irreparable harm. These requirements are cumulative, meaning all three must be satisfied for a suspension of action to be granted. In this case, the record indicated that the Applicant’s temporary contract had been extended until 11 March 2024...

The Applicant’s request for management evaluation pertains solely to the decision to withdraw his offer of employment based on a negative reference verification. Accordingly, the only decision that could be subject to a suspension of action order is the withdrawal of the offer. The Applicant’s impending separation from service, however, is a natural consequence of the temporary appointment he voluntarily accepted. It is not part of the contested decision. As a result, the application is not receivable insofar as it seeks to challenge the “implementation of [the Applicant’s] separation from...

Pursuant to Article 2.2 of the Dispute Tribunal’s Statute and Article 13.1 of its Rules of Procedure, the Tribunal may suspend the implementation of a contested administrative decision pending management evaluation if the Applicant demonstrates that: The decision appears prima facie unlawful, The matter is of particular urgency, and Implementation would cause irreparable harm. All three conditions must be satisfied for a suspension of action to be granted. The Applicant challenged the lawfulness of the decision on two grounds: a) The UNDP Legal Framework was inconsistent with staff rule 10.4...

The UNAT held that the motion was not receivable because the impugned Order was not appealable and the UNDT had acted within its competence and jurisdiction in finding that the non-renewal decision had been prima facie lawful. The UNAT found that the staff member’s request for reinstatement to his previous position could be considered as “temporary relief to prevent irreparable harm” but it was instead an interlocutory appeal of the denial of the suspension of action which was not permitted. The UNAT also noted that granting the staff member’s request would not maintain consistency with the...

1. The decision by MONUSCO Human Resources to withhold the P.35 form was unlawful because the authority to withold said form is is expressly delegated solely to the USG/DMSPC. 2. The Administration failed to act swiftly in this matter. 3. The application floundered on the requirement of irreparable damage. Mere economic loss only is not enough to satisfy the requirement of irreparable damage. 4. The consequential damages that the Applicant claimed as a result of the economic loss (his alleged inability to pay for food, housing and education) are all damages that could be recovered should the...

In this case, the Management Advice and Evaluation Section had already issued a response to the Applicant’s 22 December 2023 request for management evaluation. There was no management evaluation pending and, consequently, one of the mandatory requirements for the examination of applications for suspension of action was not met. In view of the foregoing, the application for suspension of action pending management evaluation was dismissed as not receivable.

In this case, the Management Evaluation Unit had already determined that the Applicant’s request for a management evaluation was time-barred and was therefore not receivable. As there was no management evaluation pending and, consequently, one of the mandatory requirements for the examination of applications for suspension of action was not met. Additionally, pursuant to art. 8.3 of its Statute, the Dispute Tribunal shall not suspend or waive the deadlines for management evaluation.