ORDER ON FURTHER SUBMISSIONS AND INTERIM SUSPENSION DURING TRIBUNAL'S CONSIDERATION

Transcription

1 Case No.: UNITED NATIONS DISPUTE TRIBUNAL Order No.: Date: Original: UNDTiNY/2013/036ÿ)42 UNDT/NY/2013/ (NY/2013) 30 April 2013 English Before: Registry: Registrar: Judge Ebrahim-Carstens New York Hafida Lahiouel GATTI ET AL. V. SECRETARY-GENERAL OF THE UNITED NATIONS ORDER ON FURTHER SUBMISSIONS AND INTERIM SUSPENSION DURING TRIBUNAL'S CONSIDERATION Counsel for Applicant: Self-represented Counsel for Respondent: ALS/OHRM, UN Secretariat Page 1 of 6

2 Case No. UNDTiNY/2013/0364)42 UNDT/NY/2013/044-4)55 Introduction 1. On Friday, 26 April 2013, sixteen staff members of the Department of General Assembly and Conference Management,1 filed separate applications for suspension of action, pending completion of management evaluation, of their alleged forced relocation from their current office space to the Albano building. The applications were received by the Registry between 4:47 p.m. and 6:10 p.m. 2. The New York Registry requested the sixteen staff members to submit their applications and all supporting documentation through the efiling portal. As of noon of Tuesday, 30 April 2013, ten of the sixteen staff members filed their applications through the efiling portal, following which their applications were assigned individual case numbers) 3. As at the date and time of the present Order, the remaining six3 of the sixteen staff members who sent the s with their applications on 26 April 2013 did not submit their applications through the efiling portal. Although it remains to be ascertained by the Tribunal whether they intend to proceed with their applications for suspension of action, the Tribunal accepts at this point this to be the case. It is expected that these applications will be entered into the efiling portal on 30 April 2013 and thereafter served on the Respondent. In this respect, the parties are t Thomas, Saji; Kollontai, Alexandra; Larson, Hope; Griaznova, Maria; Taus, Rosa Sophie; Kadic, Attain; Gatti, Mario; Bustamante, Jose; Martens, Geert; Abdel-Fattah, Ahmed; Leboeuf, Christiane; Reif, Maxie; Qi, Guiping; Agarkova, Valentina; Hya, Christiane; Benalcazar, Patrick; Xu, Yourong; Hamill, William; Salz, Catherine; Camino, Jose; Girard, Helene; Zoubreva, Rimma; Ali, Layla. 2 UNDT/NY/2013/036 (Gatti, Mario); UNDT/NY/2013/037 (Griaznova, Maria); UNDTiNY/2013/038 (Thomas, Saji); UNDT/NY/2013/040 (Leboeuf, Christiane); UNDTiNY/2013/042 (Hya, Christiane); UNDTiNY/2013/045 (Benalcazar, Patrick); UNDT/NY/2013/050 (Martens, Geert); UND T/NY/2013/051 (Kollontai, Alexandra) UNDT/NY/2013/054 (Taus, Rosa Sophie); UNDT/NY/2013/055 (Reif, Maxie). 3 Larson, Hope; Kadic, Armin; Bustamante, Jose; Abdel-Fattah, Ahmed; Qi, Guiping; Agarkova, Valentina. Page 2 of 6

3 Case No. UNDT/NY/2013/036ÿ042 UNDT/NY/2013/044ÿ055 reminded that all submissions, including applications and replies, are expected to be filed through the efiling portal. 4. On 29 April 2013, nine additional staff members filed individual applications for suspension of action contesting the decision to relocate them to the Ablano building. Each of their applications was assigned an individual case number.4 5. On the morning of Tuesday, 30 April 2013, two additional staff members filed individual applications for suspension of action contesting the decision to relocate them to the Ablano building. Their applications were assigned individual case numbers.5 6. On 30 April 2013, the applications filed through the efiling portal were served on the Respondent. 7. As of noon, Tuesday, 30 April 2013, the Tribunal has 25 applications for suspension before it in relation to the proposed move to the Albano building, including six applications to be entered into the efiling portal today. Procedural matters 8. In the interests of expediency and judicial economy, and as the applications filed by the Applicants appear to be in essence identical, the Tribunal found it appropriate to issue one consolidated order in relation to the filed cases. Case No. UNDTiNY/2013/036 (Gatti) being the first case filed through the efiling portal, Mr. Gatti's application will be considered as the lead application. The Respondent is granted leave to do the same with respect to his reply, noting any material differences between the Applicants, if any. 4 UNDTiNY/2013/039 (Xu, Yourong); UNDT/NY/2013/041 (Hamill, William); UNDT/NY/2013/044 (Salz, Catherine); UNDT/NY/2013/046 (Camino, Jose); UNDTiNY/2013/047 (Girard, Helene); UNDT/NY/2013/048 (Zoubreva, Rimma); UNDT/NY/2013/049 (Ali, Layla). 5 UNDT/NY/2013/052 (Tyurina, Olga); UNDT/NY/2013/053 (Zeng, Yin-Yang). Page 3 of 6

4 Case No. UNDTiNY/2013/ UNDT/NY/2013/ Consideration 9. Article 13 (Suspension of action during a management evaluation) of the Tribunal's Rules of Procedure provides that the Tribunal "shall consider an application for interim measures within five working days of the service of the application on the respondent". 10. The Tribunal has until Tuesday, 7 May 2013, to consider the applications served on the Respondent on 30 April Pursuant to art. 19 of the Tribunal's Rules of Procedure, the Tribunal "may at any time, either on an application of a party or on its own initiative, issue any order or give any direction which appears to a judge to be appropriate for the fair and expeditious disposal of the case and to do justice to the parties". 12. The Tribunal finds it appropriate to order that, as from the time and date of service of the present Order on the parties, no further steps regarding the alleged relocation shall be undertaken until the determination of the suspension of action (Nunez Order No. 17 (GVA/2013); Quesada-Rafarasoa Order No. 20 (GVA/2013); Charles Order No. 61 (NY/2013); Kallon Order No. 80 NY/2013); Gandolfo Order No. 97 (NY/2013)). 13. The Tribunal finds it appropriate to allow the Respondent until 3 p.m., Thursday, 2 May 2013, to reply to the applications. The Applicants may also file any additional submissions by 3 p.m. on that day. Observation 14. The Tribunal trusts that common sense will prevail with a view to resolving this matter amicably between the parties as soon as possible as applications for Page 4 of 6

5 Case No. UNDT/NY/2013/036ÿ042 UNDT/NY/2013/ suspension of action continue to be filed, including as to the time of the present Order. IT IS ORDERED THAT: 15. The Respondent shall not undertake, as from the date and time of service of the present Order, any further steps regarding the relocation of the applicants until the determination of the present suspension of action application. 16. By 3 p.m. on Thursday, 2 May 2013, the Respondent shall file and serve a consolidated reply to the applications. In his reply, the Respondent shall address, inter alia, the following issues: a. When were the Applicants notified for the first time of the proposed move? (Respondent is to include any supporting documentation.) b. What is the legal status of the Capital Master Plan Guidelines, referred to in the applications? (Respondent is to provide the Tribunal with a copy of the Guidelines.) c. What is the effective date of the proposed move to the Albano building? (Respondent is to include any supporting documentation.) d. What are the official documents regulating the size of offices and cubicles in the United Nations? (Respondent is to provide the Tribunal with these documents.) 17. By 3 p.m. on Thursday, 2 May 2013, the Applicants may file additional submissions, if any, including with respect to the issues in subparagraphs (a)-(d), above. In the interests of expeditious disposal of the matter, the Applicants may file either one of the following: Page 5 of 6

6 Case No. UNDT/NY/2013/ UNDT/NY/2013/044ÿ)55 a, individual submissions in each of their own cases, or alternatively b. a consolidated submission to be signed by the submitting Applicants, in which case such a consolidated submission shall be filed only in Case No. UNDT/NY/2013/036 (Gatti). Judge Ebrahim-Carstens Dated this 30th day of April 2013 Page 6 of 6