The Tribunal highlights the necessity of management evaluation, quoting Nwuke and Caldarone. It is not enough to merely initiate the procedure. On the contrary, the result of Management evaluation has to be awaited generally, before an application may be submitted to the Tribunal. It is not within the Applicant's discretion to evade management evaluation which is considered useless. Outcome: Application was dismissed.
A request for an administrative review or management evaluation is mandatory with the exception of disciplinary cases. It is clear from the applicant’s submissions that he was well aware that the decision to stop the payment of his salary and the decision not to renew his appointment are two distinct administrative decisions. The applicant failed to request an administrative review or management evaluation of the decision not to pay his salary. Outcome: The application is not receivable.
The Tribunal limited its review to the time-bar of the request for review in July 2009. Since former Staff Rules were applicable to this case, the Morsy judgment and the broader definition of "exceptional cases" with reference to art. 8.3 UNDT Statute, art. 7.5 UNDT RoP had to remain out of consideration. The question whether UNDT has jurisdiction to waive time limits under the former system of internal justice - denied in Costa - could be left open, because no "exceptional circumstances" could be accepted. It was the Applicant's free will to await the outcome of the investigations, instead·of...
Since former Staff Rules were applicable to this case, the Tribunal pointed out that the application was time-barred under Staff Rule 111.2 (a).Outcome: Application was dismissed.
The Tribunal limited its review to the time-bar of the statement of appeal to the JAB in Februaiy 2009. Since fonner Staff Rules were applicable to this case, the Morsy judgment and the broader definition of "exceptional cases" with reference to art. 8.3 UNDT Statute, art. 7.5 UNDT RoP had to remain out of consideration. Neither the lack of knowledge of the English language nor ignorance of law could be accepted as "exceptional circumstances".Outcome: Application was dismissed.
Transferred JAB cases are governed by the UNDT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the UNDT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.
The applicant submits that the decision not to promote her is contrary to the Charter of the United Nations and the provisions of the Staff Rules stipulating that the main factors to be considered with regard to promotions are efficiency, competence and integrity. However, the applicant does not specify in what respects the contested decision violates the said provisions and thus does not enable the judge to rule on these assertions. The principal reason for the refusal to recommend promotion was that the applicant had not been recommended in 2007. While the applicant is contesting that...
The Applicant can only challenge the decisions before the Joint Appeals Board and subsequently before the judge only the decisions for which she requested a management evaluation.
Since, neither in her introductory application nor in subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for management evaluation. The judge limits himself to examining the arguments expressly raised.
The refusal of the hierarchical superior to propose a staff member for promotion is an administrative decision that can be challenged. In the...
Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...
Staff rule 111.2 (a) requires that a staff member who wishes to challenge an administrative decision to request the Secretary-General, within two months of notification of the said decision, for the decision to be reconsidered. This period starts from the notification of the first refusal decision. The sending by the administration of decisions confirming a first refusal does not reopen the deadlines. However, it is up to the judge to ascertain before rejecting a time-barred request that the staff member has not been misled by the administration on the terms of his appeal.
