51ÁÔÆæ

Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine on its own motion the issue of receivability even if the parties did not raise it.

Management evaluation: The Applicant requested management evaluation of each of the administrative decisions that he challenged before the Tribunal. Mediation: the Tribunal found that mediation was sought by the Respondent regarding the proposed disciplinary measure of demotion but the discussion between the Applicant and the ombudsman, went beyond the scope of the demotion. Mediation was sought within the deadline for filing the Application. The time for filling an Application starts from the date when mediation breaks down therefore the application was filed within the applicable time limits...

Need to observe time-limits: It is for the staff member who sought management evaluation of a decision, once he/she has been informed that the Secretary-General issued his response, to take cognizance of the content of this response as soon as possible and ensure compliance with applicable deadlines.

Starting date of the 90-day time limit to file an application: The UNDT Statute prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration¡¯s response to the request for management evaluation. If the Administration replies after the response period for the management evaluation but before the expiry of the 90-day period, the 90-day period to file an application before the Tribunal starts running again from the date the response is given. Evaluation criteria: It is clear from ST/AI/2006/3/Rev.1 and the Guidelines for programme case...

The UNDT found that the Applicant contested the administrative decision after the 60 day deadline for requesting a management evaluation had passed. Her Application was therefore not receivable as the Tribunal is not competent to extend the deadline for a request for management evaluation.

Receivability/Waive or suspend MEU deadlines: It has been established in the UNDT and the United Nations Appeals Tribunal (UNAT) jurisprudence as well in the provisions of the UNDT Statute that the UNDT does not have the power to suspend or waive deadlines regardingtime limits for management evaluation. The Tribunal, being a creature of statutory law, cannot go beyond its mandate.If there was concrete evidence to show that the Ombudsman was seized of the matter within the stipulated time limits and if there was evidence showing the date on which the Ombudsman acknowledged receipt of the matter...

The Tribunal noted that the Respondent was challenging the receivability of the application based on two notifications to the Applicant i.e. the email of 22 March 2010 and the letter of 21 October 2010. With regard to the email of 22 March 2010, the Tribunal held that the email was a mere request or a piece of advice to the Applicant with regard to the permanent residency policy, and not an administrative decision. The Administration was merely advising or requesting further information from the Applicant in order to be in a position to process and presumably finalise the two year appointment...

As consistently held by UNAT, the Dispute Tribunal has no jurisdiction to waive deadlines for management evaluation or administrative review. Time limits prescribed for administrative review (and management evaluation under the new system), which could be waived under the previous system, cannot be waived under article 8.3 of the Statute of the Dispute Tribunal, due to a specific prohibition in this respect contained in article 8.3.

The Tribunal finds that the Salary case was never properly before the Tribunal and is not receivable. It is within the discretionary authority of the Secretary-General to reconsider whether the existence of an injury is attributable to the performance of official duties. In this case, the Secretary-General has refused to exercise that discretion. The Applicant¡¯s claims in as far as they rely on art. 11 of Appendix D to the Staff Rules are therefore not receivable. With respect to all of the Applicant¡¯s other claims including her claim for DSA and air ticket for her daughter¡¯s travel in 2002...

The Tribunal agreed with Thiam and Schook which held that the administration must send a written notification of the administrative decision to the staff member in order to determine when the sixty-day time limit starts to run. This Tribunal found that the Applicant was not formally notified of the impugned decision and the only official notification to the Applicant, that he was not selected for the post came in the form of the management evaluation report of 15 December 2010. The Tribunal therefore held that since the Applicant had requested a management evaluation on 27 October 2010, yet...