Receivability - At the time of the contested decision, the Applicant was a staff member of UNRWA. This entity does not fall under the jurisdiction of the UNDT nor does the Applicant fulfil the requirements of arts. 2.1(a) and 3 of the Statute of the UNDT. He therefore has no locus standi to challenge a decision of the Respondent before this Tribunal..
The Tribunal found the application to be irreceivable, ratione materiae, since the Applicant failed to file a timely request for management evaluation.
Receivability: The Tribunal concluded that the Applicant’s filing of an incomplete application met the time limits for filing an application set out in staff rule 11.4(a) and that as the incomplete application was filed in time, there was no requirement for the Applicant to request a suspension or waiver of the deadline.
Consolidation of applications: The Tribunal concluded that consolidation would not have any effect on the parties’ rights as the two applications are virtually identical and each party will have the opportunity to have its case fully considered both as to receivability and on the merits albeit in one judgment. Receivability of the classification decision: Noting that Fuentes UNDT-2010-064 and Fuentes 2011-UNAT-105 confirm that a failure to decide an appeal against classification of a post encumbered by the Applicant is an administrative decision which may be subject to review by the Tribunal...
The Respondent asserted that the Application is not receivable because the Applicant was required to request management evaluation since the contested decision was not taken pursuant to the advice of a technical body under staff rule 11.2(b). The Tribunal found the Application to be receivable. UNCB as a technical body: The Tribunal concluded that an earlier determination from MEU to another staff member regarding the status of UNCB (Determination A) represents the decision of the Secretary-General that UNCB is a technical body for the purpose of staff rule 11.2(b) until or unless it is...
Receivability: Confirmative decisions do not reset the clock with respect to statutory time limits; however, if, despite having issued an earlier decision denying benefits, 1) the Organization undertakes a new verification procedure under the terms of the applicable rules at the time of said earlier decision (in this case ST/SGB/2013/4), 2) that process is not finalized, and 3) a subsequent decision denying benefits is taken under a new set of rules (in this case ST/SGB/2003/14/Rev. 1), the latter decision constitutes a new, final decision, and statutory time limits start to run anew. Non...
The application was rejected as being manifestly inadmissible and not receivable.
The UNDT found that the Applicant chose not to submit her candidacy for this P-5 vacancy. Accordingly, the outcome of the selection process had no direct legal effect on the Applicant’s terms of appointment. The UNDT found that the Applicant lacked standing to contest the selection process. The application was therefore dismissed.
The application was rejected as not receivable ratione materiae.
The Tribunal rejected the application as being not receivable ratione materiae.
