UNDT/2018/094, O'Sullivan
The decision the Applicant seeks to impugn cannot be challenged directly before the Tribunal because the Applicant did not yet request management evaluation. Without considering whether the impugned decision is an administrative decision within the definition of art. 2 of the Tribunal’s Statute, the Tribunal finds that it has no jurisdiction to entertain the application. The application is thus not receivable ratione materiae. Further, if the Applicant is seeking an extension of time, by waiver or suspension, to file a request for management evaluation of the decision in respect of her performance evaluation, the Tribunal does not have jurisdiction to deal with such matter in accordance with art. 8.3 of the Tribunal’s Statute.
The Applicant challenges the “denial of [her] request to the Executive Director of [UNICEF] made on 3 May 2018 seeking an extension of time to file a Management Evaluation”.
A staff member must request management evaluation of the impugned decision before he or she can challenge it before the Tribunal, unless management evaluation is not required by the rules. Pursuant to staff rules 11.2(a) and (b), management evaluation is required except when the administrative decision that the staff member seeks to challenge was taken “pursuant to advice obtained from technical bodies, as determined by the Secretary-General” or follows the completion of a disciplinary process. The Dispute Tribunal shall not suspend or waive the deadlines for management evaluation (art. 8.3 of the Tribunal’s Statute).