51ÁÔÆæ

Receivability - The Application was found not to be receivable as the Applicant had failed 51ÁÔÆæ the requirements of arts. 8.1(b)(ii) and 8.3 of the Statute of the Dispute Tribunal..

Receivability - The Application was found not to be receivable since, in accordance with art. 8.4 of the Statute of the Dispute Tribunal, the UNDT cannot waive the time limit to file an appeal, more than three years after the applicant¡¯s receipt of the contested administrative decision.

The UNDT rejected the application as irreceivable, for he only requested management evaluation of the two decisions years after he knew, or should have reasonably known, of the Administration¡¯s inaction.

The administrative instruction ST/AI/2011/6 (Mobility allowance), which superseded ST/AI/2007/1 (Mobility allowance), was applicable to the Applicant¡¯s request for mobility allowance submitted in January 2012. ST/AI/2011/6 included the requirement of five years of continuous service in the United Nations common system, which in the present case was not fulfilled. The Tribunal found that the Applicant was not eligible because she did not meet one of the requirements for payment of the mobility allowance, namely five years of continuous service in the United Nations common system.

The Tribunal found that the hiring manager acted on the basis of a flawed understanding of the role of competency-based interviews under ST/AI/2010/3 when he fettered his discretion by declining to recommend the Applicant for promotion based only on the result of his competencybased interview. Further, the hiring manager ignored relevant material when he did not take into account the Applicant¡¯s performance assessment reports, which indicated that he was ¡°outstanding¡± at teamwork.

Receivability - The Application was found not to be receivable as the Applicant had failed 51ÁÔÆæ the mandatory requirement of submitting a request to the Management Evaluation Unit before filing her Application with the Registry of the Tribunal.

The Tribunal found that the application was not receivable rationae materiae and rejected it.

Administrative Decision - It is now well settled what the classic definition of an administrative decision is as determined in the case of Andronov. The pronouncement has been quoted with approval in a number of judgments of the Appeals Tribunal. Receivability ratione temporis - Even if the decision of the Administration could be termed an administrative decision capable of challenge, the Application lamentably fails. The Applicant filed her Application 13 years from the date of receiving the response of the Administration and gives the impression that she woke up and suddenly realized that...

Receivability: The Tribunal concluded that MEU had taken a rather restrictive view of the nature of the Applicant¡¯s request when it deemed it to be irreceivable. While it cannot be disputed that the Applicant requested closure of the investigation against him, and the investigation was closed, he also listed a number of instances that, in his view amounted to ¡°violations of procedural fairness¡±. The procedural matters did not exist in a vacuum but were connected to the investigation. The closure of the investigation notwithstanding, the Tribunal found that there were still live issues that...

The UNDT found that with respect to one of them, Mr. Y., no complaint was ever received by OAIS, and that, hence, the application before the Tribunal was not receivable on that matter as no contestable administrative decision was ever taken with respect to Mr. Y. With regard to the Applicant¡¯s second colleague, Mrs. X., the Tribunal found that an email the Applicant had sent to an UNFPA Human Resources Associate in August 2013 did not meet the formal requirements of a complaint, as it was not addressed to OAIS pursuant to UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (...