Ãå±±½ûµØ

Receivability: The Applications were found receivable for the following reasons: 1)Staff rule 11.2(a) had been observed because the Applicants had requested management evaluation and received a response on 3 October 2017. 2)Staff rule 11.2(b) was inapplicable because ICSC is not a technical body. 3)Individual administrative decisions, namely, to apply the new post adjustment in relation to each of the Applicants, had been issued and implemented, as demonstrated by their salary slip of August 2017. 4)The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay...

The Tribunal concludes that the contested decision, lawful or not, does not result from a disciplinary process and is therefore not exempted from management evaluation. Accordingly, in application of staff rule 11.2, the Applicant ought to have requested management evaluation before filing his appeal before this Tribunal. Having failed to do so, the application is not receivable ratione materiae.

Regarding the Respondent’s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...