51ÁÔÆæ

The Tribunal found that the application, even if it was diligently filed by the Applicant, was premature as the Applicant¡¯s reconsideration request was still pending before the Secretary-General.

Receivability ¨CThe Applicant¡¯s patience in waiting for the Secretary-General to decide on when to grant him appropriate remedies cannot be used against him. It is not in contention that as soon as he was informed that the Secretary-General had decided that the appropriate remedies he was promised meant no remedies at all, the Applicant approached the Tribunal. The Applicant¡¯s claims in regard to the other administrative decisions of tampering with a published vacancy announcement and the membership of the former incumbent of the position on the interview panel which were affirmed in management...

After conducting case management and issuing a number of orders, the Tribunal considered that the Applicant had identified four decisions and/or issues for consideration: (a) a decision in 2010 in which she was denied the full period of annual leave that she had requested; (b) an implied decision or decisions not to provide her with a job description in a timely manner; (c) an implied decision or decisions not to reduce her workload despite awareness on the part of management that she was suffering from health issues; and (d) whether she should be awarded compensation for the effect of the...

Management evaluation: the requirement of filing a request for management evaluation prior to submitting an application before the Tribunal has been invariably upheld by the Appeals Tribunal. The Tribunal has no jurisdiction to either waive the deadlines for the filing of requests for management evaluation with the MEU or make any exception to it; therefore, the Tribunal is incompetent to review decisions which have not been subjected to management evaluation. Technical bodies: as per staff rule 11.2(b), technical bodies are determined by the Secretary-General. Absent such determination...

Strict enforcement of time limits: time limits for formal contestation of a decision are to be enforced strictly. Exceptional cases (in relation to the waiver of time limits): according to art. 8.3 of the Tribunal¡¯s Statute, the Tribunal may suspend or waive the deadlines for a limited period ¡°only in exceptional cases¡±. The Appeals Tribunal has repeatedly found that only circumstances beyond the applicant¡¯s control that prevented him or her from exercising the right of appeal in a timely manner may be considered exceptional circumstances justifying a waiver of the statutory time limits.

he second case was filed to address the Respondent¡¯s contention that the first case was not receivable. The UNDT found that the Applicant was not required to seek management evaluation since the impugned decision followed the completion of a disciplinary process. Pursuant to art. 8.1(d)(ii) of the UNDT Statute, the Applicant was required to file his application with the Tribunal within 90 days from the date of notification of the contested decision. The Applicant, however, first sought management evaluation and subsequently missed the 90-day deadline for filing with the UNDT. The UNDT found...

Administrative decision: Advice from OAIS about where to submit a complaint that does not fall within the scope of its authority does not produce any direct legal consequences to the legal order and, therefore, does not constitute an administrative decision.In the absence of a specific time limit in the applicable rules and regulations for finalizing PAD rebuttals, a former staff member has no right to compel the Administration to investigate misconduct for a delay in the completion of a PAD rebuttal process; therefore, the absence of a response to such request does not constitute an implied...

Receivability: The Tribunal observed that the Applicant had the option of lodging a formal complaint of gender discrimination under ST/SGB/2008/5 but chose not to. However this does not prevent her from alleging, as she does, that the classification decision which she is challenging was ill-motivated by reason of gender discrimination. The Tribunal concluded that in determining whether the decision to abolish her post was ill-motivated it is competent to examine each of the Applicant¡¯s allegations against the relevant facts and circumstances.

Receivability: The filing of a recourse application as per UNHCR Promotions Policy suspends the time limit to submit a request for management evaluation of a decision not to grant promotion only if it is timely done; otherwise, the deadline for requesting management evaluation runs from the date of notification of the initial decision, unless an extension of time is granted or the deadline is waived by the competent authority.

Scope and standard of review Although the Applicant raised a number of arguments related to the non-renewal of his fixed-term appointment and seeks remedies consequent to this decision, the decision not to renew the Applicant¡¯s fixed-term appointment is not properly put before the Tribunal and does not fall within the ambit of the judicial review in the present case. In any event, the Applicant is time-barred from challenging his separation from service. He was separated from service on 28 July 2014 and he did not submit a request for management evaluation of that decision within the 60-day...