Â鶹APP

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.

The Tribunal found the application to be irreceivable, ratione materiae, since the Applicant failed to file a timely request for management evaluation.

Receivability: Confirmative decisions do not reset the clock with respect to statutory time limits; however, if, despite having issued an earlier decision denying benefits, 1) the Organization undertakes a new verification procedure under the terms of the applicable rules at the time of said earlier decision (in this case ST/SGB/2013/4), 2) that process is not finalized, and 3) a subsequent decision denying benefits is taken under a new set of rules (in this case ST/SGB/2003/14/Rev. 1), the latter decision constitutes a new, final decision, and statutory time limits start to run anew. Non...

The UNDT found, on the one hand, that UNAMA decision to close the case given the conclusions of the investigation constituted a valid exercise of discretion by the Administration, and that the Organization did not breach the Applicant¡¯s rights by not sharing the full investigation report with her. On the other hand, the Tribunal found that UNAMA failed to take diligent action with respect to the Applicant¡¯s complaint and that it incurred inordinate delays both in reviewing and assessing the Applicant¡¯s complaint and in setting up a fact-finding panel and conducting the investigation into her...

The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable. Receivability: An application against a non-renewal of appointment becomes moot when the appointment is extended prior to or pending the proceedings before the Tribunal, since the contested decision is deprived of its effects. As a consequence, the application is irreceivable.

The decision was based on a restructuring exercise of the OOSA Office, Beijing, by which the Applicant¡¯s post, which was funded through contributions from the Chinese Government, was replaced by a level 4 Service Contract (SC-4 post). The Applicant claimed that this was irrelevant since her non-renewal was relating to concerns about her performance. The Applicant, whose letter of appointment was with the Â鶹APP Development Program (¡°UNDP¡±), had requested timely management evaluation with the Management Evaluation Unit at UN Headquarters. She had, however, filed a request for management...

The Tribunal found that the Guidelines were not applicable to the recruitment of UNLB GS local staff, because UNLB is not an ¡°established mission¡± and, therefore, does not fall within their remit; additionally, the Guidelines were never duly issued at ULNB. In fact, given that UNLB is not a peacekeeping operation or a special political mission, GS staff recruitments are covered by ST/AI/2010/3 and do not fall, as argued by the Respondent, in a lacuna of law,. The Tribunal further found that the time-in-grade requirements were abolished long ago and are contrary to norms of superior legal...

The UNDT rejected the application as irreceivable, for he only requested management evaluation of the two decisions years after he knew, or should have reasonably known, of the Administration¡¯s inaction.

The Applicant argued that the decisive fact in support of his application for revision was the alleged perjury of the complainant during the hearing on the merits of Case No. UNDT/GVA/2011/047. The Tribunal found that the audio recording of the hearing did not, and could not, amount to and/or contain new decisive facts unknown to the Dispute Tribunal at the time Judgment UNDT/2011/181 was rendered for it contained all the information and testimony heard by the respective Judge before adjudicating the matter, and his judgment was based on the testimony given by the complainant. The Tribunal...

The UNDT found that with respect to one of them, Mrs. V., no complaint was ever received by OAIS and the Applicant never filed a request for management evaluation concerning her; hence, the application before the Tribunal was found as not receivable on this matter. Further, the Tribunal found that the Applicant¡¯s formal complaints addressed to OAIS against her four other colleagues were untimely as they had been sent in August 2014, i.e. more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with...