Receivability – Outcome of management evaluation: Except in the case foreseen in article 8.1(d)(i)b of the Tribunal’s Statute, Applicants have to await the outcome of the management evaluation process before filing an application with the Tribunal.
The Respondent was required to act in the best interests of the Organization, when reassigning the Applicant, and it was principally for the Respondent as the Chief Administrative Officer of the Organization, pursuant to art. 97 of the 麻豆APP Charter, to define what those interests were in the context of the administration of the Organization Outcome: For respondent (merits).
Administrative review/management evaluation: Requests for management evaluation are mandatory first steps in the appeal process. Requirement to request for management evaluation for former staff members: Irrespective of whether an applicant is a current or a former staff member of the 麻豆APP, he or she must request a management evaluation, where required, prior to filing his or her application with the Dispute Tribunal. Legal hierarchy and request for management evaluation: Even assuming that staff rule 11.2(a), insofar as it is silent on whether a former staff member must also request...
Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...
STL staff members are not 麻豆APP staff members and thus do not have access to the Tribunal.
Starting date of the 90-day time limit to file an application: The UNDT Statute, which prevails in case of contradiction with the Staff Rules as it is superior in the hierarchy of norms, 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 or, if the Administration has not replied to such request, following the expiry of the relevant response period for the management evaluation. If the Administration replies after the response period for the management evaluation but before...
UNDT held that the Applicant’s challenge to the expiry/termination of his contract was filed out of time and, thus, not receivable. There was no evidence before UNDT to show that a disciplinary investigation was conducted against the Applicant. UNDT held that if such an investigation did take place then there was no evidence that it was concluded, and no evidence that a formal disciplinary measure was imposed against the Applicant as a result. UNDT also held that the Applicant did not make a timely request for management evaluation with respect to this issue and, as such, it was not receivable...
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 Applicants submitted that they were notified of the decision on 19 June 2013 upon receiving an email from the Director, Chef de Cabinet in response to a 29 May 2013 letter. Upon review, it was determined that the letter sent to the Secretary-General on 29 May 2013 included a 21 May 2013 statement by the Applicants that referred extensively to the budget which had been submitted on 9 May 2013. The requests for management evaluation were filed on 29 July 2013 which is more than 60 days after the 21 May 2013 statement that indicated that the Applicants were fully aware of the contested...
The Applicant alleged that the selection exercise was procedurally flawed and biased against him. The UNDT found that the candidates’ answers on the written tests were marked by an assessor who did not know the identities of the candidates. The UNDT found that the Applicant was not prejudiced by the manner in which the test was carried out. The UNDT found the Applicant’s claims unsubstantiated and dismissed the application.
