The Applicant did not seek management evaluation until several years after he was excluded from the lists of staff eligible for the conversion of their appointment. There is no doubt, therefore, that the Applicant did not challenge the implied decision in a timely manner.
The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, there was no decision imposing disciplinary or administrative measures. The Applicant did not request management evaluation of any administrative decision related to the conduct of the investigation. The failure to seek management evaluation before...
The Tribunal dismissed the application as irreceivable. The Applicant had requested the Tribunal to order a rescission of the decision to permanently withdraw his MINUSCA’s driver’s permit. The Tribunal noted that this request had been satisfied by the Administration. The relief having been fully granted, there was no longer a justiciable matter before the Tribunal, thus rendering the application moot.
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 noted that the Applicant did not identify any operative part of Judgment Massi UNDT/2016/100 that would not have been executed. Furthermore, Judgment Massi UNDT/2016/100 dealt with the calculation and timing of compensation for loss of earning capacity due to the Applicant from 14 May 2005 until 31 December 2015. No order was made in respect of any payment or entitlement to compensation after 31 December 2015. The Tribunal found that the present application raised a different matter than that addressed in Judgment Massi UNDT/2016/100 and was not related to any of the remedies...
An inordinate delay in the rebuttal process of an appraisal may be a receivable ground for contesting an administrative decision, but is not an administrative decision, unless the Applicant demonstrates that it had, by itself, a direct and negative impact on a staff member’s conditions of service. Thus, the Applicant needed to show that the delay in conducting the rebuttal process on her rating “partially meets performance expectations”, by itself, had a direct and negative impact on her conditions of service. In this regard, the Applicant claimed that this delay negatively affected her...
The application is not receivable ratione temporis as it was filed after the statutory time limit under art. 8.1 of its Statute expired.
The fact that the Applicant was a staff member of UNOPS when he applied for these contractor positions is not relevant to appreciate the receivability of the Applicant’s claims since, in the four instant cases, he contests four decisions not to select him on non-staff positions.
The Applicant was initially informed of the contested decision by memorandum dated 3 June 2013 and admitted in her application that she did not request management evaluation of such decision. The 21 November 2016 response from the Chief, RSCE to the Applicant’s request to be paid a relocation grant in relation to her transfer in 2013 is not a new administrative decision that “resets the clock” for the purpose of requesting management evaluation. After having carefully reviewed the 21 November 2016 memorandum, the Tribunal concluded that it did not constitute a new decision since it did not add...
The Applicant’s claim for damages based upon an allegation that his property was destroyed and that his private safety deposit box containing USD21,000 in cash was lost was found irreceivable. The Applicant did not include this claim in his application. The Tribunal found the application to be irreceivable regarding the claim for reimbursement of the cost of security services from November 2014 till May 2015. That claim did not expressly form part of the application or the management evaluation request. The claim for damages equalling USD150,000 for “subsistence while stranded in Uganda...
