51ÁÔÆæ

Since the receivability of an application is a question of law, the Tribunal considers that it is appropriate to make use of art. 9 of its Rules of Procedure, and to decide on the application by way of summary judgment, without transmitting it to the Respondent. Upon taking up her functions as a Programme Management Officer at UNFCCC on 8 November 2012, the Applicant knew about her step in grade, as per her offer of appointment of 24 September 2012. Since the Applicant filed her request for management evaluation against the determination of her step upon recruitment with UNFCCC four years...

The Tribunal found that several of the Applicant¡¯s claims were not receivable, granted his claim for assignment grant in part, and rejected his claims for security evacuation allowance; post adjustment; and compensation for financial hardship.

The Tribunal is required to factually find that the decision that is impugned before it is in the process of being administratively reviewed. A preliminary finding to this effect is a prerequisite for litigation before this Tribunal. The record before the Tribunal did not show that a request for management evaluation had been filed by the Applicant. The Applicant was given the opportunity to address this situation and correct it, but did not. The application therefore was found incompetent and the only option open to the Tribunal was to summarily dismiss it for want of management evaluation.

The Applicant was informed in February 2007 that his promotion must follow a competitive recruitment process. The contention that he should have been promoted to the G-5 level at the time could and should have been challenged when the Applicant received formal notification of his retroactive promotion in October/November 2007. He did not. He also did not challenge the Respondent¡¯s letter of 6 May 2015.

It was not unreasonable to infer that on 3 July 2015, having gone through the rigors of a criminal judicial proceeding and having been acquitted of all charges, the Applicants became aware that there may have been breaches of the applicable rules governing their arrest and detention as United Nations staff members and the waiver of their immunities. The Applicants¡¯ causes of action in relation to the remedies for the alleged breaches of the procedures under A/63/331 and ST/AI/299 arose on 3 July 2015. Accordingly, pursuant to staff rule 11.2(c) the Applicants were, therefore, required to seek...

The Tribunal dismissed the application as not receivable ratione materia.

The Tribunal was mindful of the fact that its authority to suspend or waive the time limits set forth in art. 8.3 of the UNDT Statute did not extend to deadlines for management evaluation. These deadlines cannot be waived notwithstanding whether the failing of the deadline would have been occasioned by confusing information received from the Administration. As provided in staff rule 11.2(c), the deadline for requesting management evaluation may only be extended by the Secretary-General pending efforts for informal resolution conducted by the Office of the Ombudsman, under conditions specified...

Request for management evaluation: A request for management evaluation has a precise and specific meaning in the framework of the internal justice system. It is the first step in formal contestation of an administrative decision and, as such, a communication conveying discontent to management will amount to a management evaluation request. Management evaluation is a formal process involving a request to the competent authority, which is specifically empowered to look into a contested decision to evaluate and consider whether it has been made pursuant to the administrative issuances of the...

The Applicant failed to file a request for management evaluation of the nonrenewal decision within the applicable deadline. This claim was not receivable. The Applicant had in his management evaluation request of 12 July 2015 already accomplished the requirements set out in CF/EXD/2012-007 in relation to his complaints of bullying, harassment, intimidation and abuse of authority against his supervisor and the UNICEF Country Representative. As held in Kadri, the Applicant was entitled to a fair hearing and a fully reasoned judgment of his application. The Applicant¡¯s claims in relation to the...

The Tribunal noted that the jurisdiction of the Tribunal can only be exercised if the contested administrative decision has previously been submitted for management evaluation, where required, and it is not open to the Tribunal to waive this requirement or make any exception to it. As a consequence, in the absence of a management evaluation, the Tribunal rejected the application as not receivable.