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The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant’s case is not receivable. The Ethics Office’s recommendation only required that “efforts be made”, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section. The Ethics...

As the Applicant had effectively withdrawn his request for management evaluation, the application was not receivable ratione materiae under staff 11.2(a). Related

The evidence shows that the Applicant was never separated from the Organization. The Applicant’s request to be placed on a post at the D-1 level post is therefore moot. The outcome of the complaint of harassment was not included in the management evaluation request as such complaint was, at the time, still under investigation. The Tribunal has no jurisdiction to review that administrative decision because it was not reviewed by the management evaluation unit under art.8.1(c) of the Tribunal’s Statute. Related

The application did not fall under any of the stipulated exceptions to obtaining a management evaluation as a first step to invoking the powers of the Tribunal. Thus management evaluation was a prerequisite. The application was filed out of time because it was not filed within 90 days of the Applicant’s receipt of the management evaluation response as required by art. 8.1(i)(a) of the UNDT Statute.

If the comments in a satisfactory performance evaluation do, in fact, detract from the overall rating, they oppositely must constitute a final, and therefore also appealable, decision. If a staff member were not to be granted access to judicial review by this Tribunal of whether disparaging comments detracted from the provided ratings of “successfully meets performance expectations”, such comments would be entirely shielded from any scrutiny whatsoever and their legality would never be capable of any review at all. Accordingly, a central purpose of ST/AI/2010/5 namely, ensuring accountability...

A mere assertion that the Applicant did not receive the notification on 16 November 2016 did not satisfy the requirement to show compliance with statutory deadlines. The reasons given by the Applicant to extend the filing of his application contained a misrepresentation. He suppressed material facts concerning proof of when he received the Management Evaluation Unit notification and that he in fact was not engaged in any formal dispute settlement process with UNFIL involving the United Nations Office of Mediation Services as he alleged. The Applicant was under an obligation to make a full and...

The Applicant missed the 90-day deadline to file the application which is, therefore, time-barred.

The application is not receivable. The management evaluation request was not receivable because the Applicant did not file a timely request for management evaluation of the contested decision.

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...

Having reviewed the motion, the Tribunal found that it raised a preliminary issue of jurisdiction which it addressed sua sponte and found the application not receivable ratione materiae. The application did not fall under any of the stipulated exceptions to obtaining a management evaluation as a first step to invoking the powers of the internal justice system.