51ÁÔÆæ

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. UNDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Receivability - The Application was found to be receivable. The Applicant has satisfied the requirements of art. 8.1(c) of the Dispute Tribunal¡¯s Statute. Whilst his request for management evaluation may not have been drafted in the most articulate legal language, the substance conveyed leaves no doubt, the Applicant did not want to be removed from his post and was not happy that it had been readvertized. The Respondent¡¯s objections on the grounds of receivability have no merit.

Receivability - The Application was found to be receivable. The final decision taken on the placement of the reprimand in the Applicant¡¯s personnel file was on 25 February 2014 when her attempts to have her comments taken into consideration were finally exhausted. The course of action embarked on by the Applicant to have the matter resolved informally before resorting to the formal process was justifiable in the circumstances given the requirements of ST/AI/292.

Receivability - The Application was found to be receivable. The Applicant has to all intents and purposes complied with the requirements of art. 8.1 (c). The Administration has had an opportunity to evaluate his request and has refused it. The Applicant is now entitled to come before the Tribunal..

The UNDT found that the five cases are not receivable due to the Applicant¡¯s failure 51ÁÔÆæ the relevant statutory requirements, including with regard to the filing of his management evaluation requests and the deadlines for the filing of an application with the Tribunal. The UNDT found that in the cases concerning separation (Cases No. 011 and 028), the Applicant failed to file an application with the Tribunal within the statutory period of 90 days from the date of expiration of time for a response to his management evaluation request. Pursuant to Neault 2013-UNAT-345, MEU¡¯s belated...

The Tribunal found that the Applicant did not file a request for management evaluation prior to the filing of his application. Therefore, his application was dismissed as manifestly not receivable.

Receivability ratione personae: The Tribunal is not competent to hear applications filed by a (former) individual contractor, who was not a staff member, a former staff member or a person making claims in the name of an incapacitated or deceased staff member; such an application is not receivable, ratione personae.Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has timely requested management evaluation. Failure to file a timely request for management evaluation, when required, makes the...

The UNDT further found that the Applicant also failed to submit her application to the UNDT within the prescribed time period. The UNDT found that UNDP provided incorrect information to the Applicant regard the ¡°suspension¡± of its response to her management evaluation request, which may have contributed to the Applicant¡¯s late filing of her application with the UNDT. Nevertheless, the UNDT found that ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice. The...

The UNDT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The UNDT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the UNDT Statute. The UNDT rejected the application as not receivable ratione materiae.

The Tribunal found that by filing her request for management evaluation only on 21 April 2015, the Applicant failed to respect the 60 day time limit under staff rule 11.2(c), which started to run as of 5 January 2015, the day of her signature of the letter of appointment. Subsequent responses from OHRM in response to queries from the Applicant were merely confirmative decisions of the original decision of 5 January 2015. The Tribunal found the application irreceivable, ratione materiae.