UNDT/2016/061, Palaco Caballero
Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has requested management evaluation, where required. Failure to file a request for management evaluation prior to filing the application makes the latter irreceivable, ratione materiae.
The Applicant, an Associate Legal Officer, ICTY, was informed by email of 2 February 2016 from a Human Resources Clerk, ICTY, copied to her, that she would be placed on special leave without pay for the period of 27 January to 14 February 2016. On 2 March 2016, the Applicant wrote to the Registrar, ICTY, contesting said decision, which, as she stated had been notified to her on 2 February 2016. She filed the application with the Tribunal on 11 May 2016, noting that she had not sought management evaluation, since she had not received a formal administrative decision from the Registrar, ICTY. The Tribunal found that the application was irreceivable, ratione materiae.
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