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The Tribunal finds that the application is not receivable because the contested decision is not a disciplinary measure within the meaning of staff rule 11.2(b) and accordingly the time limits applicable under art. 8.1(d)(i) of the Tribunal’s Statute should have been complied with. It clearly follows from staff rule 11.2(b) that the exemption from the requirement to request the management evaluation of a disciplinary measure only applies to disciplinary measures imposed following the completion of a disciplinary process.

The Tribunal observes that the Applicant’s claims concerning the decision to take into consideration events post-dating 31 March 2010 and the decision not to allow him to rebut his performance appraisal became moot and it considers that he failed to show that he was still suffering any injury because of these reversed decisions. It further notes that the rebuttal process is still pending and it therefore rejects as premature the Applicant’s claims concerning the decision to apply ST/AI/2002/3 and the decision to carry out a single appraisal. It also rejects his claims of bad faith, abuse of...

The Tribunal found the application irreceivable on the basis that: (1) the decision of 28 April 2011 was not an appealable administrative decision; (2) the Tribunal was not competent to examine the legality of the subsequent decision on the Applicant’s eligibility for consideration for conversion because she did not request management evaluation of this decision; and (3) even assuming that the decision of 28 April 2011 was an administrative decision subject to appeal, it was merely a confirmative decision and the Applicant did not contest it within the mandatory time limits as the initial...

The Tribunal rejected the application, as the Applicant had failed to observe the (then) statutory two-month time limit to request administrative review. It considered that the Administration’s response of 3 June 2009 was sufficiently clear to amount to an administrative decision open to appeal. Subsequent denials by the Administration were only confirmative decisions. Moreover, the Tribunal may not waive the time limits for management evaluation and the entry into force of new Staff Rules on 1 July 2009 did not modify these limits. Confirmative decisions: When a staff member has submitted...

Under art. 16(3) of the ICTR Statute, the Registrar of the ICTR is an Assistant Secretary-General. In his position as head of administration, he has the authority to make decisions on behalf of the Secretary-General in relation to the administration and operations of the ICTR. It was the Tribunal’s finding that the Applicant had addressed his request for an administrative review to the ICTR Registrar, who was the person with the power to either review it on behalf of the Secretary-General or to forward it to the appropriate officer, within the applicable time limits. The Applicant had in...

Receivability: The letter of November 2007 was sent before the contested decisions had been made. The Applicant thus cannot be appealing against those decisions. The letter of 4 March 2008 was sent by the Applicant within the required two-month period but it was not addressed to the Secretary-General. If this letter were properly filed with the Assistant Administrator of UNDP, in accordance with the practice of UNDP to conduct its own administrative review, it remains that this letter could not trigger an administrative review as the Applicant did not state in clear terms that she was...

Receivability: The Applicant’s request for administrative review was made outside the mandatory time limit. In accordance with article 8.3 of the Dispute Tribunal’s Statute, the Tribunal may not suspend or waive the deadlines in the Staff Rules concerning requests for administrative review or management evaluation. There is no basis in the former Staff Rules for finding that time to request an administrative review should only be calculated from the end of the involvement of the Ombudsperson. The terms of reference of the Joint Ombudsperson are inconsistent with the Staff Rules. The...

Management evaluation: Claims against decisions that have not been the subject of a request for management evaluation are not receivable before the Tribunal. An applicant may not seek any rulings or relief in relation to these decisions. The events surrounding them may be part of the factual matrix of the application but they are peripheral at best. Project document: There is no mandatory requirement in the rules or any Administrative Instructions for a project document to be finalised prior to the responsible staff member taking up the project post. Authority for lateral transfers under ST/AI...

Receivability of moot claims: Even before the Applicant submitted his application to the Tribunal, the Administration had extended the Applicant’s contract beyond 30 April 2010 and it had informed him that his contract would be extended until the completion of his rebuttal. Accordingly, the application insofar as it concerns the decision to renew the Applicant’s contract until 30 April 2010 was moot as at the date on which it was submitted to the Tribunal and it is therefore not receivable. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad...

The Tribunal rejected the application as time-barred because the Applicant had failed to request management evaluation of the contested decision within the established time limit. Authority of the Tribunal to waive the deadlines for management evaluation: The Appeals Tribunal held in several judgments that pursuant to article 8.3 of its Statute, the Dispute Tribunal has no authority to waive the deadline for management evaluation, including where exceptional circumstances may have prevented the staff member from complying with the deadline. Authority of the Secretary-General to waive the...