Â鶹APP

The Tribunal found that the Applicant did not file a request for management evaluation prior to the filing of his application. Therefore, his application was dismissed as manifestly not receivable.

The UNDT further found that the Applicant also failed to submit her application to the UNDT within the prescribed time period. The UNDT found that UNDP provided incorrect information to the Applicant regard the ¡°suspension¡± of its response to her management evaluation request, which may have contributed to the Applicant¡¯s late filing of her application with the UNDT. Nevertheless, the UNDT found that ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice. The...

The UNDT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The UNDT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the UNDT Statute. The UNDT rejected the application as not receivable ratione materiae.

The Tribunal found that by filing her request for management evaluation only on 21 April 2015, the Applicant failed to respect the 60 day time limit under staff rule 11.2(c), which started to run as of 5 January 2015, the day of her signature of the letter of appointment. Subsequent responses from OHRM in response to queries from the Applicant were merely confirmative decisions of the original decision of 5 January 2015. The Tribunal found the application irreceivable, ratione materiae.

Receivability - The Application was found not to be receivable as the Applicant had failed to comply with the requirements of arts. 8.1(b)(ii) and 8.3 of the Statute of the Dispute Tribunal..

Administrative Decision - It is now well settled what the classic definition of an administrative decision is as determined in the case of Andronov. The pronouncement has been quoted with approval in a number of judgments of the Appeals Tribunal. Receivability ratione temporis - Even if the decision of the Administration could be termed an administrative decision capable of challenge, the Application lamentably fails. The Applicant filed her Application 13 years from the date of receiving the response of the Administration and gives the impression that she woke up and suddenly realized that...

The application was not receivable because the Applicant was a former staff member of UNIDO. While the Applicant had no locus standi before UNDT, his case would have been properly filed either with ILOAT or UNAT.

The UNDT found that the application was irreceivable ratione materiae and ratione temporis as both the Applicant¡¯s request for management evaluation and his application before the Tribunal were time-barred. Receivability: A new administrative decision that supersedes the contested decision cannot be submitted to the Tribunal¡¯s review through additional submissions in the case under consideration. It ought to be challenged through another application before the Tribunal. The deadline to file a request for management evaluation starts from the moment the staff member was made aware of the...

Request for reconsideration of an administrative decision - According to the applicable rules and consistent with the principle of expeditiousness in administrative proceedings, a request for reconsideration of the decision by the first instance administrative organ does not have a suspensive effect on the deadlines for management evaluation.

The Dispute Tribunal rejected the application as irreceivable ratione materiae and ratione temporis, on the grounds that the applicant did not submit a request for management evaluation of the contested decision within the applicable deadline, and that the application was filed more than three years after receipt of the contested decision. Identification of the contested decision: As the Appeals Tribunal held in Massabni 2012-UNAT-238, it is part of the duties and of the inherent powers of a Judge to adequately interpret and comprehend the applications submitted by the parties, and to...