A matter cannot be before the MEU and the Dispute Tribunal simultaneously and allowing applicants to circumvent this process and file applications with the Tribunal before the deadline for a response to a request for management evaluation has passed would contravene the Tribunal’s Statute and Rules of Procedure, undermine the time lines set out in the Staff Rules, and would be contrary to the intentions of the General Assembly.
Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the UNDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of “technical body” in the sense of staff rule 11.2(b), is designation by the SecretaryGeneral. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...
Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the UNDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of “technical body” in the sense of staff rule 11.2(b), is designation by the SecretaryGeneral. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...
Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the UNDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of “technical body” in the sense of staff rule 11.2(b), is designation by the SecretaryGeneral. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...
Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the UNDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of “technical body” in the sense of staff rule 11.2(b), is designation by the Secretary-General. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...
The decision to refuse further medical evacuation was first notified to the Applicant on 15 July 2014 but he did not request management evaluation until 29 January 2017 after later requests for medical evacuation had been refused. The application was not receivable because subsequent reiterations of the same decision did not have the effect of resetting the clock for management evaluation.
Contrary to the Applicant’s contentions, the contested administrative decisions were not disciplinary measures imposed pursuant to the applicable legal procedures in ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process). The Applicant became aware of this as evidenced by his subsequent request for management evaluation of 23 November 2018. The Tribunal found the application irreceivable. It was filed without having first been submitted to management evaluation. The Applicant had to await the result of his management evaluation dated 23 November 2018 (or expiry of...
The Applicant was notified of his non-selection on 7 December 2016. Yet, he requested management evaluation only on 11 April 2017.; Paragraph 119 of UNHCR’s Revised Policy and Procedures on Assignments (UNHCR/HCP/2015/2/Rev.1) provides that: “Staff members who have reasons to believe that they have not been given full and fair consideration for a particular decision, have; the right to be provided, upon request, with information on the process which led to that particular decision”. Its purpose is merely to establish a duty for the Administration to provide non-successful candidates, upon...
The application was not receivable because the Applicant acknowledged that she became aware of the decision she was appealing in December 2015 but only sought management evaluation in 2018. She claimed that she made the decision to lodge this application after realising that her issue (in 2015) could have been handled in a professional manner, after a similar issue was professionally handled in 2018.; The relevant date for purposes of the rule however, was the one on which the applicant knew or reasonably should have known of the implied decision. It was that date that triggered the deadline...
The Applicant was required to submit a request for management evaluation. He did not do so within the expressly stipulated timeframe. Where the management evaluation was requested late, the result was as if it were not requested at all.
