Ãå±±½ûµØ

Comments and communications of staff representatives do not have a direct impact on the terms of appointment or contract of employment of an individual staff member. There is no right in the Applicant’s terms of appointment for him to not be subject to comments from staff representatives. There is also no right in the Applicant’s terms of appointment for him to compel the Administration to issue communications in this regard. The Applicant did not submit a request for management evaluation of the decisions or implied decisions identified in the application within the statutory 60-day deadline

The Tribunal found that the Applicant had filed the application without awaiting a response to his request for management evaluation. In view of this, the Tribunal found the application not receivable and dismissed it.

The Applicant’s professional counsel, by his own admission, was well aware that the Applicant would not be able to meet the filing deadline as he encountered difficulties in getting instructions from her. Contrary to his assertion, it was his professional duty to promptly notify the Tribunal and request relief. However, he failed not only to promptly inform the Tribunal of his client’s inability to meet the deadline but also to provide any reason for it in the application itself. Therefore, the Tribunal is not satisfied that the exceptional circumstances prevented the Applicant from timely...

The Respondent has minimally shown that the Applicant received a full and fair consideration. The Applicant was lawfully not selected for the Post, as her test result was below the passing score. The requirements the written test directly related to the responsibilities of the contested position. There was no indication of any alterations or discrepancies with the marking methodology. The Organization does not have a promotion system where managers are obligated to develop and train supervisees for promotion opportunities and assist them in career growth and, therefore, job applicants have no...

As the Applicant had effectively withdrawn his request for management evaluation, the application was not receivable ratione materiae under staff 11.2(a).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

Given that the Tribunal already adjudicated the Applicant’s claim, finding it not receivable ratione personae for lack of standing, the present application is not receivable. The Secretary-General’s response to a request for management evaluation is not an appealable administrative decision.

The Tribunal concluded that the application was not receivable both ratione temporis and ratione materiae. With regard to ratione temporis, the Tribunal noted that the Applicant became aware of the contested decision on 31 May 2019. She then ought to have requested management evaluation by 30 July 2019. She however, submitted her request on 30 December 2019, five months late, and outside the 60-day period. The Tribunal thus held that her request for management evaluation was time-barred and therefore, the application was not receivable. The Tribunal emphasized that it was not competent to...

The application is not receivable because art.8.1 of the Tribunal’s Statute makes it clear that the application must be filed within 90 days of receipt of the management evaluation where the management evaluationis provided within 45 days of the request. The Applicant raised for management evaluation the complaint that the investigation was not fair and balanced because the report not been disclosed to him; there was no management evaluation of the allegation of negligence. That allegation is therefore not receivable.

UNDT noted that the Applicant indicated in his application that he was informed of the contested decision on 1 October 2019 and that he did not request management evaluation of said decision, as required. UNDT accordingly held that the application was not receivable and dismissed it.