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Receivability - The Application was found not to be receivable since, in accordance with art. 8.4 of the Statute of the Dispute Tribunal, the UNDT cannot waive the time limit to file an appeal, more than three years after the applicant’s receipt of the contested administrative decision.

Receivability - The Application was found not to be receivable as the Applicant had failed to comply with the requirements of arts. 8.1(b)(ii) and 8.3 of the Statute of the Dispute Tribunal..

The UNDT found that with respect to one of them, Mrs. V., no complaint was ever received by OAIS and the Applicant never filed a request for management evaluation concerning her; hence, the application before the Tribunal was found as not receivable on this matter. Further, the Tribunal found that the Applicant’s formal complaints addressed to OAIS against her four other colleagues were untimely as they had been sent in August 2014, i.e. more than eleven months after the Applicant’s placement on Special Leave With Full Pay (“SLWFP”) in September 2013, when she stopped being in interaction with...

The UNDT found that the Applicant’s complaint against her colleague, which was sent on 22 August 2014 to OAIS, was untimely as it had been sent more than eleven months after the Applicant’s placement on Special Leave With Full Pay (“SLWFP”) in September 2013, when she stopped being in interaction with said colleague, whereas UNFPA Policy provides for a timelimit of six months to file a complaint following the last incident of harassment. The application was therefore rejected in full.

The UNDT found that the Applicant’s complaint against said colleague, which was sent on 22 August 2014 to OAIS, was untimely as it had been sent more than eleven months after the Applicant’s placement on Special Leave With Full Pay (“SLWFP”) in September 2013, when she stopped being in interaction with her colleague, whereas UNFPA Policy provides for a timelimit of six months to file a complaint following the last incident of harassment. The application was therefore rejected in full.

The UNDT found that with respect to one of them, Mr. Y., no complaint was ever received by OAIS, and that, hence, the application before the Tribunal was not receivable on that matter as no contestable administrative decision was ever taken with respect to Mr. Y. With regard to the Applicant’s second colleague, Mrs. X., the Tribunal found that an email the Applicant had sent to an UNFPA Human Resources Associate in August 2013 did not meet the formal requirements of a complaint, as it was not addressed to OAIS pursuant to UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (...

Administrative Decision - It is now well settled what the classic definition of an administrative decision is as determined in the case of Andronov. The pronouncement has been quoted with approval in a number of judgments of the Appeals Tribunal. Receivability ratione temporis - Even if the decision of the Administration could be termed an administrative decision capable of challenge, the Application lamentably fails. The Applicant filed her Application 13 years from the date of receiving the response of the Administration and gives the impression that she woke up and suddenly realized that...

The Tribunal rejected all of them as irreicevable: first, it found that the application concerning a decision to refer allegations of misconduct made against the Applicant to the Assistant Secretary-General, Office of Human Resources Management, was time-barred, as the Applicant had not filed her application within 90 calendar days of the expiry of the 45-day response period for management evaluation. Secondly, the Tribunal considered that the Applicant missed the 60-day deadline to request management evaluation for three other administrative acts she wished to contest, two of them being...

The Tribunal found the application to be irreceivable, considering that the responsibility to pursue a case remains with the applicant and that, even when he learnt that no (timely) management evaluation had been requested in his case, he took four additional months to submit such request.

The Tribunal deemed that it was established that in October 2013, the Applicant, a staff member of UNHCR in Turkey, had travelled to Syria in her capacity as a member of a delegation of the Women International Democratic Federation, responding to an invitation received from the Syrian Arab Republic General Women Union. During that visit, she attended a meeting with the President of Syria during which she handed him a flag with the words “Do not yield” in Turkish. A picture of that encounter was taken and published in a Turkish online newspaper. The Tribunal considered that in view of the clear...