51ÁÔÆæ

The Appeals Tribunal found that the UNDT correctly held that it was within the SRO's discretion to make comments on Ms. Abdellaoui¡¯s performance, that the SRO's disputed comments were reasonable and balanced by other comments that provided a positive perspective supporting the overall rating, and that as such they did not detract from the overall satisfactory appraisal. Accordingly, the Appeals Tribunal concurred with the UNDT¡¯s determination that the challenged performance evaluation was not an ¡°administrative decision¡± and agreed that the application was therefore not receivable ratione...

Regarding the non-installation decision, the Tribunal observed that by the time the Applicant reported on duty, the family restrictions at Naqoura (his duty station) had been in place for six weeks, and the conditions had caused the duty station to be granted a special hardship classification of ¡°D¡±. The existence of armed conflict and the deteriorating security situation made the presence of dependents at the duty station unsafe. Therefore, the decision not to bring the Applicant¡¯s family to the unsafe area was obviously reasonable. The Tribunal, thus, held that the contested decision not to...

The Tribunal noted that the evidence before it indicated that the contested decision was contained in a letter dated 21 May 2024. On 30 May 2024, the Chief of the UNICEF Field Office (¡°CFO¡±) met with the Applicant to hand-deliver the sanction letter to the Applicant, but the Applicant did not sign a declaration of receipt. As a result, the CFO noted, ¡°Document read to staff on 30/05/2024, who then refused to acknowledge receipt of the letter¡±. On the same day, the Administrative Law Unit sent the contested decision to the Applicant via email.

The Tribunal further observed that the Applicant...

The Appeals Tribunal dismissed both appeals.

The Appeals Tribunal held that the UNDT correctly found that the Charge Letter did not constitute a reviewable administrative decision, and that as such Mr. Schifferling¡¯s application was not receivable ratione materiae.

The Appeals Tribunal further found that the question of whether the Dispute Tribunal erred in not joining the Secretariat as a necessary party to the application had become moot and that in any event, the interlocutory appeal was not receivable.

The UNAT held that the UNDT did not err in finding that the staff member¡¯s application was not receivable because he failed to request management evaluation of the contested decision within the 60-day statutory time limit. The UNAT determined that, since the staff member was notified on 27 and 28 April 2022 of the rejection of his request for medical evaluation, he had 60 days from that date to submit his request for management evaluation. However, he only submitted his request to the Management Evaluation Unit on 3 November 2022, and later to the United Nations Development Programme (UNDP) on...

The Tribunal held that the decision to create the Deputy Special Representative ("DSR") post did not have any direct adverse consequences for the Applicant, who remained in employment, with the same post and ToRs; in other terms, by the establishment of the DSR post, the Applicant¡¯s role, duties and responsibilities remained unaffected.

The Tribunal held that the Applicant had failed to identify a contestable administrative decision adversely affecting the terms and conditions of her appointment and that therefore her challenge of the DSR post was not receivable ratione materiae.

As to the...

The application is DISMISSED as not receivable.

The Applicant was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the UNDT. He did not.

For an application to be considered receivable by the Tribunal, it is essential that the Applicant distinctly identifies the specific administrative decision being contested. This requirement is stipulated under art. 2.1 of the Tribunal¡¯s Statute, which outlines the parameters within which the Tribunal exercises its jurisdiction. The clarity in pinpointing the contested decision ensures that there is a concrete basis for the Tribunal to examine the claims and assess any alleged violations of employment terms.

Under the circumstances, the Tribunal finds that it is hamstrung by the lack of...

Considering the above jurisprudence, the Tribunal determines that the Applicant must demonstrate: (a) that the contested decisions were specifically addressed to him on an individualized basis and that they were not of general application to other staff members, and (b) that it was the Administration which took the decisions and not some other entity or person outside the United Nations.

The provisions of ST/SGB/2019/8, on which the Applicant seeks to base his claim are only enforceable against persons, and not governments. The Tribunal therefore has no jurisdiction to adjudicate complaints...