�山����

Confirmative decisions: These decisions do not re-open time limits for formal contestation.

Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine the issue of receivability. Receivability ratione materiae: By virtue of article 2.1(a) of the Tribunal’s Statute only administrative decisions, allegedly in non-compliance with the terms of appointment or the contract of employment, are appealable. In the instant case, the rejection by the Administration of the Applicant’s request to benefit from an enhanced separation package, despite the fact that he had not opted for it in due time, constituted an...

The UNDT stated several hurdles to the receivability of the present application, including with respect to receivability ratione personae, ratione temporis, and ratione materiae, although the UNDT also found that on the papers filed some of these issues would ordinarily warrant further examination had the application not been manifestly inadmissible. The UNDT found that the application was manifestly inadmissible because the Applicant failed to comply with the statutory requirement of submitting a request for management evaluation of the contested decision prior to filing an application with...

Receivability ratione temporis: The 60-day period specified in staff rule 11.2 to request management evaluation starts to run from the date of notification of a final decision. Applicable law: While annual leave entitlements are accrued on a monthly basis, the right to be compensated for accrued annual leave arises at the time when the staff member is separated from service. Thus, in assessing the lawfulness of a decision denying payment of annual leave, the Tribunal must take into consideration the provisions in effect at the date of the staff member’s separation from service.

Administration’s withdrawal of unlawful individual administrative decisions which created rights: Staff rule 11.2 not only permits but actually requires the Administration to revoke an administrative decision that it considers unlawful. However, the power to revoke decisions conferring rights should necessarily be exercised within the relevant time frame to respond to a request for management evaluation. Irreparable damage: Where the injury alleged is only hypothetical, it may not be regarded as “irreparable” within the meaning of article 2.2 of the Statute in the context of an application for...

Receivability of application for suspension of action pending management evaluation: It results from article 2.2 of the Tribunal’s Statute read in conjunction with staff rule 11.2(c) that a request for suspension of action during the pendency of the management evaluation may only be receivable if the request for management evaluation has been submitted in due time.

The Applicant made a range of vague references to different circumstances surrounding the question of the closing of her complaint regarding harassment and abuse of authority, but failed to clearly define any other contested administrative decisions. The Tribunal therefore finds that the only issue properly before it as that concerning the decision of the Director to dismiss the Applicant’s appeal regarding harassment and abuse of authority in accepting the findings of the OIA.

The UNDT found no grounds for excusing the Applicant from his obligation to first request management evaluation before filing his application with the Dispute Tribunal.

The UNDT found that the application was not receivable as the Applicant had failed to take the mandatory first step of requesting management evaluation of the contested decision. However, it observed that while failure to request management evaluation denies the Applicant access to the Tribunal’s jurisdiction at present, the Applicant was never formally notified in writing of the administrative decision or the reasons therefore. Furthermore, the Tribunal noted that the situation in this case arose through an alleged mistake of the Administration and through no fault of the Applicant.

Need to observe time-limits: It is for the staff member who sought management evaluation of a decision, once he/she has been informed that the Secretary-General issued his response, to take cognizance of the content of this response as soon as possible and ensure compliance with applicable deadlines.