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The Tribunal found that the Applicant was notified of the contested decision on 7 June 2017. In accordance with the time-limits provided by staff rule 11.2(c ), the Applicant had until 6 August 2017 to submit his request for management evaluation. Rather, the Applicant submitted his request on 20 August 2017. Accordingly, his request was timebarred and his application before the Tribunal not receivable ratione materiae. Consequently, the application was dismissed.

The Applicant was notified of his non-selection on 7 December 2016. Yet, he requested management evaluation only on 11 April 2017.; Paragraph 119 of UNHCR’s Revised Policy and Procedures on Assignments (UNHCR/HCP/2015/2/Rev.1) provides that: “Staff members who have reasons to believe that they have not been given full and fair consideration for a particular decision, have; the right to be provided, upon request, with information on the process which led to that particular decision”. Its purpose is merely to establish a duty for the Administration to provide non-successful candidates, upon...

Receivability The Tribunal found the application receivable ratione temporis. Merits The Tribunal considered that while the Administration has a duty of care vis-à-vis its staff members in the management of the social security system and relevant entitlements, the system is based on certification and reporting, with the main responsibility for providing the Administration with the required medical certificates and reports lying on the staff member. Staff members must strictly comply with the legal requirements and provide complete material that contains sufficient precision, including the...

The Applicant did not seek management evaluation until several years after he was excluded from the lists of staff eligible for the conversion of their appointment. There is no doubt, therefore, that the Applicant did not challenge the implied decision in a timely manner.

The application was filed too late and is not receivable ratione temporis in accordance with art. 8.1(d)(i)(a) of the Dispute Tribunal’s Statute.

The application is not receivable ratione temporis as it was filed after the statutory time limit under art. 8.1 of its Statute expired.

Comments and communications of staff representatives do not have a direct impact on the terms of appointment or contract of employment of an individual staff member. There is no right in the Applicant’s terms of appointment for him to not be subject to comments from staff representatives. There is also no right in the Applicant’s terms of appointment for him to compel the Administration to issue communications in this regard. The Applicant did not submit a request for management evaluation of the decisions or implied decisions identified in the application within the statutory 60-day deadline

The Applicant did not prove that any exceptional circumstance beyond her control prevented her from filing the application on time. The Applicant’s request for anonymity is granted to ensure the protection of the medical information discussed in the case. Related

A mere assertion that the Applicant did not receive the notification on 16 November 2016 did not satisfy the requirement to show compliance with statutory deadlines. The reasons given by the Applicant to extend the filing of his application contained a misrepresentation. He suppressed material facts concerning proof of when he received the Management Evaluation Unit notification and that he in fact was not engaged in any formal dispute settlement process with UNFIL involving the United Nations Office of Mediation Services as he alleged. The Applicant was under an obligation to make a full and...

The application is not receivable. The management evaluation request was not receivable because the Applicant did not file a timely request for management evaluation of the contested decision.