Jurisdiction: The Tribunal concluded that it did not have jurisdiction over this SOA in light of the fact that the Applicant had received a response to his request for management evaluation prior to the filing of his application. Thus, the contested administrative decision was no longer the subject of an ongoing management evaluation as required under art. 2 of the Statute.
Confirmative decisions: These decisions do not re-open time limits for formal contestation.
The application is filed within the statutory deadline and is therefore receivable.
Receivability: Decisions by the Ethics Office are administrative decisions that are subject to appeal before the Tribunal, since they may directly affect staff members’ rights. A request for management evaluation has to be sought prior to the filing of the application and hence her request to regularize her application a posteriori could only be rejected, in accordance with staff rule 11.2, namely the required antecedence of the request for management evaluation to the application.
At no time following the decision of the rebuttal panel did the Applicant seek an informal resolution of her case which could have suspended the applicable time limits in this matter.
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 found that the Applicant first became aware that something was amiss in the recruitment process on 29 February 2008 when he was told that a “hold had been put on” the issuance of his letter of appointment by the SRSG. Subsequently, the Applicant was aware of the decision to appoint another candidate to the position in question in June 2008. Still later, in April 2009, and from the Applicant’s own; submissions, while in New York, he received what he called a “verbal apology” (for the way things turned out) from the Assistant Secretary-General for Peacekeeping Operations. The...
Identification of contested decisions: An application must properly single out each and every administrative decision that an applicant wishes to contest in a clear and concise manner, failing which the application could be deemed irreceivable. Nevertheless, the Tribunal has an inherent power to individualize and define the administrative decision impugned by a party and identify what is in fact being contested.Promises binding on the Administration: Where a staff member claims that he or she had a legitimate expectation arising from a promise made by the Administration, such expectation must...
Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine the issue of receivability. Receivability ratione materiae: By virtue of article 2.1(a) of the Tribunal’s Statute only administrative decisions, allegedly in non-compliance with the terms of appointment or the contract of employment, are appealable. In the instant case, the rejection by the Administration of the Applicant’s request to benefit from an enhanced separation package, despite the fact that he had not opted for it in due time, constituted an...
The UNDT stated several hurdles to the receivability of the present application, including with respect to receivability ratione personae, ratione temporis, and ratione materiae, although the UNDT also found that on the papers filed some of these issues would ordinarily warrant further examination had the application not been manifestly inadmissible. The UNDT found that the application was manifestly inadmissible because the Applicant failed 51猎奇 the statutory requirement of submitting a request for management evaluation of the contested decision prior to filing an application with...
