UNDT/2018/125, Porret
Since the Applicant withdrew the application, there is no longer a matter for adjudication and therefore the case is closed.
Since the Applicant withdrew the application, there is no longer a matter for adjudication and therefore the case is closed.
Since the Applicant withdrew his application, there is no longer a matter for adjudication and therefore the case is closed.
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 reviewed the present application and found that it was not receivable ratione temporis and ratione personae. In accordance with art. 8.4 of the Tribunal’s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision. The Applicant clearly indicated in her application that the contested decision dated back to 2010 and, in such circumstances, her application was not receivable ratione temporis. Furthermore, the Tribunal observed that while the...
Given that the Tribunal already adjudicated the Applicant’s claim, finding it not receivable ratione personae for lack of standing, the present application is not receivable. The Secretary-General’s response to a request for management evaluation is not an appealable administrative decision.
The present matter can be determined on a priority basis without first transmitting a copy of the application to the Respondent for a reply as provided for in art. 8.4 of the Tribunal’s Rules of Procedure. There is no nexus between the Applicant’s former employment and the contested decision. Accordingly, the Applicant does not have standing and the application is not receivable ratione personae. Having filed the application pending the response of the management evaluation and prior to the expiry of the relevant response period, the Tribunal is not competent to hear the matter at issue. The...
UNDT noted that the Applicant did not assert any right acquired in terms of his previous contract of employment with the Organization. UNDT held that there was no nexus between the Applicant’s former employment and the contested decision. UNDT held that the Applicant did not have standing and that the application was not receivable ratione personae. UNDT rejected the application in its entirety.