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The UNDT found that the application was irreceivable ratione materiae and ratione temporis as both the Applicant’s request for management evaluation and his application before the Tribunal were time-barred. Receivability: A new administrative decision that supersedes the contested decision cannot be submitted to the Tribunal’s review through additional submissions in the case under consideration. It ought to be challenged through another application before the Tribunal. The deadline to file a request for management evaluation starts from the moment the staff member was made aware of the...

Receivability - Article 7.4 of the UNDT Rules of Procedure requires that any application seeking to enforce the terms of a settlement agreement must be filed within 90 calendar days of the last day for implementation as specified in the agreement and where dates for the implementation are not stated, the application must be filed within thirty calendar days of the signing of the settlement agreement.An examination of the Settlement Agreement between the parties shows that no date was stipulated for its implementation. Any application challenging it must therefore be brought within 30 days...

The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific categories of decisions: those taken pursuant to advice obtained from technical bodies and...

Since the applications were identical, the Tribunal joined them per employing organization. The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific...

Since the applications were identical, the Tribunal joined them per employing organization. The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Tribunal found that the Applicant failed to submit a management evaluation request in a timely manner.