51ÁÔÆæ

Out of the various decisions that the applicant challenged, only those raised in the request for administrative request are receivable. Mere preparatory decisions may not be contested before UNDT, in accordance with article 2, paragraph 1, of its statute. Indeed, those decisions are not of such nature as to affect the staff member¡¯s rights per se; they can be called into question in contesting the main/final decision, but not by themselves. Furthermore, since the applicant had already been promoted by the time he filed the present case, he had no legitimate interest to take legal action.

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...

Independent status: OSLA enjoys functional or operational independence, in the sense that it does not receive instructions from its hierarchy when providing advice to staff members or representing their interests, while remaining administratively subject to the Secretary-General. Attribution of Independent organs¡¯ acts to the Secretary-General: If article 2.1 of the UNDT Statute designates the Secretary-General as the respondent before the Tribunal, he assumes this role in his capacity as Chief Administrative Officer, and not on account of his personal behaviour. This responsibility is linked...

The Respondent, in addition to addressing the merits of the case, submitted that the request for management evaluation was not filed on time and the application was time-barred. The Applicant¡¯s legal representative attempted to file the request for management evaluation at 4:54 p.m. on the final day of the time limit. Due to the large size of the request, the email bounced back at 5:21:16 p.m. that same day, Friday, 7 September 2012. In the circumstances, the Applicant still had 6 hours and 48 to submit a request for management evaluation within the period of 60 days as required. The Tribunal...

The application was dismissed in its entirety. The Tribunal also found that the Applicant has manifestly abused the proceedings before it. The Applicant was ordered to pay costs in the sum of USD 2,000 for abuse of process. On receivability: The Tribunal found that the PDF version of the application attached to the email of 15 September 2012, also copied to OHRM and EO/OCHA, met the requirements of art. 8 of the Rules of Procedure of the Dispute Tribunal. It was moreover identical to the application filed through the e-filing portal on 15 October 2012. The Respondent¡¯s contention that the...

The UNDT found that the five cases are not receivable due to the Applicant¡¯s failure 51ÁÔÆæ the relevant statutory requirements, including with regard to the filing of his management evaluation requests and the deadlines for the filing of an application with the Tribunal. The UNDT found that in the cases concerning separation (Cases No. 011 and 028), the Applicant failed to file an application with the Tribunal within the statutory period of 90 days from the date of expiration of time for a response to his management evaluation request. Pursuant to Neault 2013-UNAT-345, MEU¡¯s belated...

Receivability - The Application was found to be manifestly inadmissible. The Dispute Tribunal does not have the jurisdiction to revise a judgment after the Appeals Tribunal has ruled on the same matter. The request filed by the Applicant did not fulfil the statutory requirements and constituted, in fact, a disguised way to attempt to re-open the case. Abuse of Process - Article 10.6 of the Statute of the Dispute Tribunal stipulates that where a party has manifestly abused the proceedings before it, costs may be awarded against the offending party. The Tribunal found that the Applicant had...