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As the request for management evaluation was not filed within the time limit prescribed by staff rule 11.2(c), the Tribunal rejects the application as irreceivable.

The Applicant had argued that the written reprimand was a veiled disciplinary measure and as such there was no need to request a management evaluation. The Tribunal does not agree as it is for the Tribunal to make a determination as to whether the sanction was a veiled disciplinary measure or not. In view of the preceding, the Tribunal finds and holds that the Applicant’s claims contesting the managerial action of a written reprimand are not receivable as they were never submitted to a management evaluation as required under art. 8(1)(c) of the Statute of the Tribunal. As stipulated at para. 5...

The UNDT found that the application was not receivable as the Applicant failed to request a management evaluation of the contested decision. The UNDT found that the Applicant’s communications with the Human Resources Management Section of the United Nations Office in Vienna in July 2012 did not amount to a request for management evaluation, and even if they were accepted as such a request, it would have been out of time by approximately three months.

Premature filing of an Application: The Tribunal held that there is no rule that requires the Tribunal to wait for the action or inaction of the MEU before assuming jurisdiction in a case. The Tribunal held that it would not be in the interest of justice to reject applications indiscriminately solely on the basis that they were filed prematurely without taking into consideration the particular and/or exceptional circumstances that may exist in each of case.

The Tribunal found that the Applicant did not timely submit his request for management evaluation. Additionally, the Tribunal found that the Applicant failed to identify in clear and precise terms specific administrative decision(s), actions or omissions, including their dates. Therefore, the Tribunal ruled that the application was not receivable, ratione materiae.

e was working as Project Manager on an extra-budgetary project, funded exclusively by one member state, and his FTA was limited to his post and department. The decision was based on the discontinuation of the project funding by the Donor. The initial decision had been notified to the Applicant on 13 November 2012, and he requested timely management evaluation thereof. However, upon misleading advice from the MEU, he subsequently submitted a new request for management evaluation against the second, confirmative decision not to extend his appointment beyond 31 May 2013. Thereafter, upon receipt...

Management evaluation: The Tribunal held that the Applicant nullified his request for management evaluation by asking the Management Evaluation Unit (MEU) to put his request on hold indefinitely and by not seeking reinstatement of said request later on. Administrative decision: The Tribunal concluded that although the Applicant filed a management evaluation request, there was no administrative decision within the meaning of article 2.1 of the UNDT Statute outstanding when this request was filed because his fixed term appointment had been extended to 30 June 2012.

There being no evidence that real ongoing informal resolution efforts took place between the date on which the Applicant was notified of the decision on 26 May 2011 and when he filed his request for management evaluation on 4 August 2011, the time limit was not extended and his request for management evaluation was not receivable (time barred). The Tribunal concludes that there was no genuine informal resolution efforts conducted by the Office of the Ombudsman and there was no request for extension of time addressed to the Secretary-General by the Applicant. The 4 August 2011 request for...

The Applicant filed his request for management evaluation on 30 September 2013 and received a response from the management evaluation unit on 21 February 2014. His appeal was filed with the Tribunal on 22 May 2014. The question for decision by the Tribunal regarding the timely filing of the claim is not whether the MEU was dilatory in its response but whether the Applicant complied with the necessary deadlines under the Tribunal’s Statute and Rules of Procedure. The Tribunal found that the application was not receivable. The Tribunal found that the applicable time limits for the filing of the...

The UNDT found that the Applicant filed her requested for management evaluation after the applicable deadline and that her application was therefore time-barred. The application was dismissed.