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The application was withdrawn by the Applicant. The Applicant's request for redaction was granted in part and his name to be redacted from the judgment.

Management evaluation: The Tribunal noted that the contested decision was notified to the Applicant on 30 June 2008 and yet he waited until 20 January 2014, more than five years after the fact, to submit a request for management evaluation. The Tribunal concluded that where an applicant fails to request management evaluation in a timely manner, the Dispute Tribunal has no jurisdiction to consider his/her application. Lastly, the Tribunal noted that even if it was minded to consider the Application, the provisions of article 8.4 of the UNDT Statute clearly place a bar on any such action. Costs...

Legitimate expectation – The Country Office’s Core Management Group meeting of 29 February 2012 decided that all international staff, including the Applicant, would be extended for one year and the Applicant knew of the decision. This Tribunal finds that the decision taken at a regular and proper Country Office Core Management Group meeting to extend the contract of a staff member, which decision is embodied in open recorded minutes and accessible to staff members, carries far greater weight than any ‘express promise’ that can be made to the said staff member about extending his contract. The...

Request for management evaluation: The Tribunal noted that there was no indication that the Applicant had submitted a request to any entity or individual, including the Secretary-General, mandated to receive management evaluation requests as he did not provide any address, physical or electronic, of these entities or individuals. Nor did the Applicant provide any acknowledgment of receipt of any request for management evaluation by the Administration. The Tribunal subsequently held that the Applicant failed to provide evidence that he had indeed submitted a request for management evaluation of...

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. UNDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Receivability - The Application was found to be receivable. The final decision taken on the placement of the reprimand in the Applicant’s personnel file was on 25 February 2014 when her attempts to have her comments taken into consideration were finally exhausted. The course of action embarked on by the Applicant to have the matter resolved informally before resorting to the formal process was justifiable in the circumstances given the requirements of ST/AI/292.

The UNDT further found that the Applicant also failed to submit her application to the UNDT within the prescribed time period. The UNDT found that UNDP provided incorrect information to the Applicant regard the “suspension” of its response to her management evaluation request, which may have contributed to the Applicant’s late filing of her application with the UNDT. Nevertheless, the UNDT found that ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice. The...

Abolishment of the Applicant’s post: The Tribunal concluded that the Applicant’s post in Jordan was indeed abolished and that the abolition was part of a genuine organizational restructuring. The Tribunal also concluded that the Administration acted fairly, justly and transparently in dealing with its staff members when they had to move back to Baghdad. The Applicant was provided with sufficient and written notice of the Respondent’s restructuring strategy.

Interpretation – As held in Sidell 2014-UNAT-489 and Abbasi 2013-UNAT-315, the purpose of interpretation is not to determine the disagreement of an applicant with a judgment who wishes to reargue an appeal. Interpretation is only needed to clarify the meaning of a judgment when it leaves reasonable doubts about the will of the Tribunal or the arguments leading to a decision. But if the judgment is comprehensible, whatever the opinion the parties may have about it or its reasoning, an application for interpretation is not admissible.

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 United Nations Development Program (“UNDP”), had requested timely management evaluation with the Management Evaluation Unit at �山����Headquarters. She had, however, filed a request for management...