Â鶹APP

UNDT held that the decision to extend the Applicant¡¯s fixed-term appointment with effect from 11 September 2015 until 29 February 2016 was irreceivable because the Applicant failed to submit a request for management evaluation of the decision. UNDT found no basis for the Applicant¡¯s claim that his appointment had been converted into a continuing one. UNDT held that the procedural irregularity in issuing the retroactive fixed-term appointments could cause vexation but did not amount to a serious violation of rights. UNDT held that the delays did not entail an ex lege conversion to a continuing...

Neither the intial placement of the Applicant on ALWOP nor any of its extensions could be separated; each extension of the same ALWOP decision triggered a challenge; of all the previous related decisions. The challenge of any extension of the ALWOP was a challenge of the entire continuum of ALWOP, previous or supsequent. The placement of the Applicant on ALWOP fell below the required threshold for the Respondent/decision-maker to show that exceptional circumstances existed to support it. It was unjust and unlawful to place the Applicant on ALWOP for twelve consecutive months. UNDT ordered the...

The Applicant was required to request management evaluation of the contested decision (imposition of a written reprimand), which he failed to do and hence the application was not receivable.

The Tribunal chose to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. The Tribunal recalled that under art. 8.1(c) and 8.1(d)(i) of the Tribunal¡¯s Statute, a substantive application is receivable if the contested decision has been submitted for management evaluation and the application is filed within 90 calendar days of the applicant¡¯s receipt of the response by management to his or her submission or within 90 calendar days of the expiry of the relevant response period for the management evaluation if no response to the request...

The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, there was no decision imposing disciplinary or administrative measures. The Applicant did not request management evaluation of any administrative decision related to the conduct of the investigation. The failure to seek management evaluation before...

The Tribunal noted that the Applicant did not identify any operative part of Judgment Massi UNDT/2016/100 that would not have been executed. Furthermore, Judgment Massi UNDT/2016/100 dealt with the calculation and timing of compensation for loss of earning capacity due to the Applicant from 14 May 2005 until 31 December 2015. No order was made in respect of any payment or entitlement to compensation after 31 December 2015. The Tribunal found that the present application raised a different matter than that addressed in Judgment Massi UNDT/2016/100 and was not related to any of the remedies...

Regarding the Applicant¡¯s challenge to the decision not to return her to the post she previously encumbered, since the Applicant was transferred to another Organization, she no longer has any contractual relationship, and therefore any lien to a post, with the Â鶹APP Secretariat from the date of the transfer. The only remedy that the Applicant seeks is the return to the post she previously encumbered or assignment to a suitable vacant position in New York, and the Tribunal cannot order such remedy due to the cessation of the Applicant¡¯s contractual relationship with the Â鶹APP...

The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, the Applicant did not request management evaluation of the contested administrative decision. Accordingly, the application was dismissed as not receivable.

The Tribunal¡¯s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, ¡°[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate¡±. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for this...

The Tribunal¡¯s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, ¡°[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate¡±. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant has failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for...