Request for execution of orders on suspension of action: The Tribunal does not have jurisdiction to enforce the execution of an order for suspension of action under art. 12 of its Statute and art. 32.2 of its Rules of Procedure. The Tribunal is not authorised either to circumvent these explicit provisions by using its power under art. 36.1 of its Rules of Procedure to extend its competence beyond the limits defined by the General Assembly in the Tribunal’s Statute.
Subject matter (ratione materiae)
Request for management evaluation: A request for management evaluation has a precise and specific meaning in the framework of the Organization’s internal justice system. It is the first step in formal contestation of an administrative decision and, as such, a mere communication conveying discontent to “management” does not amount to a formal management evaluation request. Management evaluation is a formal process involving a request to the body specifically vested with the authority to look into a contested decision, to consider whether it conformed with the applicable rules of the...
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...
The Tribunal noted that art. 12.3 of its Statute and art. 30 of its Rules of Procedure limit the scope of applications for interpretation to judgments. Neither the Tribunal’s Statute nor its Rules of Procedure contemplate applications for interpretation with respect to orders. The Tribunal therefore found that the present application was not receivable ratione materiae.
The decision to temporarily withhold the Applicant’s final entitlements pending the completion of the investigation by OAI into allegations of fraud, collusion, conflict of interest and misuse of authority was not receivable since it did not constitute an appealable administrative decision within the meaning of article 2.1 (a) of the UNDT Statute. The application was not receivable, ratione materiae, since the contested “decision” did not have direct legal consequences for the Applicant. Additionally, the Applicant took the decision to resign, notwithstanding being advised that in doing so a...
The Tribunal noted that the Applicant filed her application on the merits on 26 March 2018, namely on the same day on which she filed her two requests for management evaluation. The Tribunal recalled that according to art.8.1(d)(i)(b) of its Statute, the Tribunal is competent to hear an application that is filed within 90 calendar days of the expiry of the relevant response period for management evaluation, which in the case at hand was 45 days. Having filed the application on the same day as the two requests for management evaluation, the Tribunal found that it was not competent to hear it...
The parties disagreed as to the date the contested decision was notified to the Applicant and the Tribunal had to determine which of the communications triggered the running of the 60-day time limit to request management evaluation.; It was uncontested by the Applicant that he was informed, unequivocally, by his manager on 28 October 2015, that his contract was going to be terminated effective 31 January 2016 and that he was being placed on special leave with full pay as of 1 November 2015. He was also unequivocally informed on that date that he would no longer have access to his emails and...
The Tribunal held that the application was not receivable ratione materiae. The Tribunal found that UNISFA’s decision of 17 April 2016 was of a general kind pursuant to the restructuring and was not a decision of individual application to the detriment of the Applicant. With regard to the Applicant’s claim that the contested decision was motivated by abuse of power, ill will directed against his own interests or any other improper motive, the Tribunal held that the the Applicant had provided no arguable case to support his position.
The Tribunal held that the application was not receivable ratione materia. As a first step, a staff member wishing to formally contest an administrative decision, had to submit to the Secretary-General in writing a request for a management evaluation of the administrative decision. In this case, the Applicant did not provide in his application any document showing that he had filed a request for management evaluation, thus failing to meet the mandatory first step. The Tribunal also found that the application was not receivable ratione temporis. The Applicant filed his application over seven...
The Tribunal was of the view that, essentially, the Applicant attempted to create an administrative decision in an attempt to contest it. Whilst the approach discloses some imagination on the part of the Applicant, the absence of a response by the High Commissioner to the Applicant’s request does not create any direct legal consequence for him. Thus, there is no administrative decision, directly or by implication, that the Tribunal would have jurisdiction to consider. The Applicant has no right to make an appeal in respect of matters to which he was not a party. Indeed, the Applicant did not...