UNDT/2014/056, Li
The UNDT found that the Applicant did not have legal standing in this case as he had not applied for the advertised job opening.
The UNDT found that the Applicant did not have legal standing in this case as he had not applied for the advertised job opening.
The UNDT found that the Applicant filed her requested for management evaluation after the applicable deadline and that her application was therefore time-barred. The application was dismissed.
The Tribunal found that since the Applicant failed to submit a request for management evaluation at any point in time and also within the 60-day deadline under staff rule 11.2 upon the receipt of his pension entitlement letter, the application was not receivable.
The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal’s Statute.
The Tribunal found that the Applicant is entitled to compensation for the procedural irregularities occasioned him by the failure of the Administration to follow its own guidelines and its rules and procedures, namely: UNON management abused its authority in refusing to release the Applicant on mission assignment to UNAMID and in denying him the grant of a lien on his post. The failure by the Ethics Office in refusing to act on the basis of the report of retaliation filed by the Applicant and its failure to take all necessary action to protect the Applicant from retaliation.
Receivability -...
The Respondent was not asked to submit a reply to the application since it seemed clear to the Tribunal that the claim was manifestly not admissible. The UNDT found that the Applicant filed his application approximately seven months after the expiration of the deadline of 16 September 2013. The UNDT further found that the Management Evaluation Unit (“MEU”) failed 51猎奇 the established deadlines for its response to the Applicant’s request for management evaluation. The belated letter from the MEU—which missed its deadline by more than seven months, going well beyond even the deadline...
The Tribunal found that it is not competent to examine decisions taken by the UNJSPF. The application was dismissed.
The Tribunal does not accept the Applicant’s submission that the Respondent made a contestable administrative decision concerning her reassignment on 29 December 2012. The Tribunal finds that the Respondent did not make a new contestable administrative decision concerning her reassignment on 29 December 2012. It confirmed the original decision made in February 2012. As the Applicant did not seek management evaluation of the original decision within the required 60 days, her application is not receivable by the Tribunal. It is settled law that a decision is considered final when the...
The Applicant’s challenge against the outcome of the MEU review was not receivable.
The UNDT found that the Applicant contested the decision not to renew his “tour of duty” with UNPOL, which was made by the Romanian Ministry of Internal Affairs. This was not an administrative decision made by the United Nations Administration, the Secretary-General or his duly delegated officers and, under art. 2.1 of the UNDT Statute, the application was not receivable. Further, the UNDT found that the applicant was not a staff member and therefore had no standing before the Tribunal. The application was dismissed.