Â鶹APP

The ST/SGB/2008/5 requirement for the administration to act promptly on complaints of prohibited activity was not observed in the case of the Applicant¡¯s complaint. UNDT required more information on the present state of the process and held that this case was suitable to remand for institution or correction of the required procedure. UNDT suspended the proceedings and orderd the Secretary-General to advise UNDT of the present position of the investivgation into the Applicant¡¯s complaint and whether he concurs with the remand of the case for institution and correction of the procedure under ST...

Management evaluation: The Tribunal held that the Applicant nullified his request for management evaluation by asking the Management Evaluation Unit (MEU) to put his request on hold indefinitely and by not seeking reinstatement of said request later on. Administrative decision: The Tribunal concluded that although the Applicant filed a management evaluation request, there was no administrative decision within the meaning of article 2.1 of the UNDT Statute outstanding when this request was filed because his fixed term appointment had been extended to 30 June 2012.

The UNDT found that given that the Applicant failed to comply with the deadline for the filing of his request for management evaluation, his application was time-barred and his application was not receivable before the Tribunal.

With respect to the issue of classification of the Applicants¡¯ post at the S-3 level, the UNDT found that the Applicants¡¯ claims regarding the Administration¡¯s decision not to proceed with their classification request were receivable. However, based on the evidence in this case¡ªincluding oral testimony as well as contemporaneous documents¡ªthe Applicants did not perform the same exact functions as their S-3 level colleagues. Accordingly, the UNDT found that the Administration¡¯s decision not to proceed with the classification or reclassification of the Applicants¡¯ posts at the S-3 level was...

Administrative decision: The Tribunal held that although UNIFEM/UNDP subsequently took a decision to process the Applicant¡¯s separation from service in 2012, the Tribunal concluded that this was not an appealable administrative decision in accordance with article 2.1 of the UNDT Statute in that the Applicant no longer had a contract of employment with the Organization because he resigned from service in May 2008. Thus, UNIFEM¡¯s 2012 decision to finally record his separation from service did not have any direct legal consequences on him. ;}

It is not clear when exactly the decision was first notified to the Applicant. However, by email of 23 August 2013, a Senior Human Resources Officer clearly informed the Applicant of the decision and provided him with a comprehensive explanation on the rationale and the legal basis thereof. Thereafter, the Applicant contacted the Chief, HRMS, UNOG, and the Director, Division of Administration, UNOG, seeking reconsideration of his request. By email of 25 November 2013, the Chief, HRMS, noted that the Applicant would soon be informed of the outcome of HRMS consideration of his case. Moreover, on...

Administrative decision: The Tribunal noted that at the time the application was filed, there was a contestable administrative decision. However, subsequent to the filing, the Respondent overturned its initial finding of ineligibility and by so doing it expunged the administrative decision upon which the application was predicated. Consequently, there was no longer a contestable administrative decision to be considered by the Tribunal.

The Tribunal observed that the Applicant was necessarily aware of the amount of repatriation grant he would be paid already at the beginning of 2011 when he received his payslip, and not in March 2013 as he claimed when he received details from the Payroll Unit regarding the calculation of the amount received. Indeed, in view of the explanations, the Applicant had received already in February 2011 from the Payroll Unit, which reminded him of the fact that his dependency status with respect to his daughter had been discontinued effective 29 August 2007, and which provided him with an excel file...

The Tribunal noted that the rebuttal process was still ongoing and that no administrative decision had yet been taken; it further found that the UNFPA Rebuttal Policy was a regulatory instrument which was not of individual application and did not carry direct legal consequences on the Applicant; hence, these matters of the application were found to be irreceivable. Further, with regard to the Applicant having been denied access to the UN City Building on 13 February 2014, as well as the blocking of her emails after the end of her contract, the Tribunal noted that these events referred to...

In the present case, the decisions to decline access to documentation were not substantive administrative decisions. Access to documents for the purposes of the Applicant¡¯s claim before the Tribunal is an evidentiary matter resolved by orders of the Tribunal. The decision not to include the Applicant in the professional roster following competency based interviews for the Fukuoka post was lawful as it was taken after a selection process conducted in accordance with the procedures required by ST/AI/2010/3. There is a presumption of regularity in the staff selection processes ¡°that official acts...