The UNDT found that the application was receivable. Subject matter of management evaluation request: the grant of an appointment to Dakar and the reassignment to Dakar were deemed to be one and the same issue. Thus, the Applicant had requested management evaluation of the decision to reassign him from Haiti to Dakar.
The Tribunal ordered the Respondent to pay to the Applicant the sum of USD10,000 for the anxiety and distress she suffered as a result of the Respondent¡¯s failure to give full effect to sec. 15.3 in ST/AI/2002/3 which requires ¡°maximum dispatch¡± in the completion of the rebuttal process.
The UNDT found no grounds for excusing the Applicant from his obligation to first request management evaluation before filing his application with the Dispute Tribunal.
Administration¡¯s withdrawal of unlawful individual administrative decisions which created rights: According to the Appeals Tribunal¡¯s case law, a decision creating rights cannot in principle be withdrawn by the Administration. However, staff rule 11.2 which governs the management evaluation process constitutes an exception to this principle. Thus, under this provision, the Administration is obliged to withdraw an administrative decision that is unlawful where such decision is challenged by a staff member. It is not appropriate to distinguish between the situation where the Administration finds...
The UNDT found that the Applicant contested the administrative decision after the 60 day deadline for requesting a management evaluation had passed. Her Application was therefore not receivable as the Tribunal is not competent to extend the deadline for a request for management evaluation.
Renewal of fixed-term appointments: A decision to extend the fixed-term appointment of a staff member for a short period of time contains in fact two decisions, on the hand a decision to extend, on the other, a decision to set a date beyond which the staff member¡¯s appointment will not be extended. Receivability of application against a renewal decision: It follows from staff rule 4.13(c) that when the fixed-term appointment of a staff member expires, that staff member has no right to renewal. Accordingly, a decision to extend a fixed-term appointment, even for a short period of time, is not a...
Receivability: For an application to be receivable, it must clearly identify the contested decision and be preceded by a request for management evaluation, where management evaluation is required.
The Tribunal finds that the Salary case was never properly before the Tribunal and is not receivable. It is within the discretionary authority of the Secretary-General to reconsider whether the existence of an injury is attributable to the performance of official duties. In this case, the Secretary-General has refused to exercise that discretion. The Applicant¡¯s claims in as far as they rely on art. 11 of Appendix D to the Staff Rules are therefore not receivable. With respect to all of the Applicant¡¯s other claims including her claim for DSA and air ticket for her daughter¡¯s travel in 2002...
Requests for management evaluation are mandatory first steps in the appeal process.Outcome: Application rejected on receivability
Renewal: Although staff members do not have an automatic right to renewal, they have a right to a fair consideration for renewal and for a decision based on proper reasons.Renewal, non-renewal, and limitations under art. 10.2 of the Statute: Staff rule 9.6(b) provides that ¡°[s]eparation as a result of ¡ expiration of appointment ¡ shall not be regarded as a termination within the meaning of the Staff Rules¡±. It is clear that non-renewal decisions are not covered by art. 10.2 of the Statute as they are not a form of termination.Selection of S-1 and S-2 level staff: There appear to be no rules...
