51ÁÔÆæ

Noting that the Applicant had conceded that his application was filed after the time limit set out in art. 8.1(d)(i)(b), the Tribunal concluded that the application was not receivable rationae temporis because the Applicant failed 51ÁÔÆæ the 90-day filing deadline set out in art. 8.1(d) of the UNDT Statute. The Tribunal then deliberated on the Applicant¡¯s assertion that his application is receivable because the interpretation of art. 8.1(d)(i)(b) is unfair to staff members as it favours an administration that has failed to address management evaluation requests in violation of staff...

The Tribunal held that MONUSCO¡¯s 17 October 2014 inter-office memorandum unambiguously informed the Applicant of the mission¡¯s decision to end his appointment, which at this point was a continuing appointment, by separating him from service on 24 October 2014. The Tribunal held that the 17 October 2014 inter-office memorandum was an administrative decision because it had a direct and adverse impact on the Applicant¡¯s contractual status and had direct legal consequences for him. The Tribunal concluded that the FPD/DFS response of 31 October 2016 was a reiteration of the 17 October 2014 decision...

The application was filed too late and is not receivable ratione temporis in accordance with art. 8.1(d)(i)(a) of the Dispute Tribunal¡¯s Statute.

The Tribunal found the application receivable because the Applicant filed a timely request for management evaluation. Additionally, the Tribunal was satisfied with the Applicant¡¯s documentation regarding technical issues with the e-Filing portal that he filed to support his claim of exceptional circumstances for filing his application late. Lastly, to the extent that the resignation of the Applicant was instigated by the Respondent or his agents, the Tribunal found that this was an administrative decision capable of being challenged. The Tribunal found that the Applicant had misrepresented his...

With respect to the Applicant¡¯s challenge against his non-selection for JOs 2016/038 and 2016/026, the Tribunal found that the Applicant was put on notice on 19 December 2017 that he would not be selected for either of the JOs because he had failed the technical tests. Consequently, he had 60 days from 19 December 2017 or until 17 February 2018 to submit a request for management evaluation but did not submit his request until 26 June 2018. The fact that the Applicant erroneously sought a waiver of the management evaluation deadline approximately six months after the fact from the UNIFIL Head...

Since the Applicant withdrew the case, it is therefore closed.

The Administration duly complied with the requirements of ST/AI/2010/5. The negative rating and adverse comments in the Applicant¡¯s 2016-2017 ePAS would be read in light of the Rebuttal Report, which found the rating and comments to be without merit and designated a new rating of ¡°successfully meets expectations¡±. To this end, the rationale behind sec. 15.4 of ST/AI/2010/5 must be that any purported harm caused to the Applicant by the 2016-2017 ePAS would be mitigated by the corrective positive finding of the Rebuttal Panel. Tthe Applicant¡¯s challenge is not receivable because the revision of...

The present matter can be determined on a priority basis without first transmitting a copy of the application to the Respondent for a reply as provided for in art. 8.4 of the Tribunal¡¯s Rules of Procedure. There is no nexus between the Applicant¡¯s former employment and the contested decision. Accordingly, the Applicant does not have standing and the application is not receivable ratione personae. Having filed the application pending the response of the management evaluation and prior to the expiry of the relevant response period, the Tribunal is not competent to hear the matter at issue. The...

Pursuant to art. 9 of the Tribunal¡¯s Rules of Procedure and to established jurisprudence, the Tribunal can choose to issue a summary judgment without taking any argument or evidence from the parties as the Tribunal¡¯s Statute prevents it from receiving a case that is not receivable. Likewise, art. 19 provides that it may issue any order or direction that is appropriate for the fair and expeditious disposal of the case. In addition, such provision allows the Tribunal to deal with issues of receivability as a preliminary matter in the interest of judicial economy. Therefore, the Tribunal can...