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The decision was based on a restructuring exercise of the OOSA Office, Beijing, by which the Applicant’s post, which was funded through contributions from the Chinese Government, was replaced by a level 4 Service Contract (SC-4 post). The Applicant claimed that this was irrelevant since her non-renewal was relating to concerns about her performance. The Applicant, whose letter of appointment was with the United Nations Development Program (“UNDP”), had requested timely management evaluation with the Management Evaluation Unit at UN Headquarters. She had, however, filed a request for management...

No request for management evaluation The Tribunal finds that the Applicant relies on a request for management evaluation that contested a different decision to the decision contested in his application. Indeed, the request for management evaluation that he relies upon was submitted prior to the date of the decision contested in his application.No standing as staff representativeThe Tribunal takes cognizance of the fact that the General Assembly considered and rejected a proposal to grant staff associations standing to bring applications before the Dispute Tribunal. The Applicant’s arguments...

Receivability - The Application was found not to be receivable as the Applicant had failed to comply with the mandatory requirement of submitting a request to the Management Evaluation Unit before filing her Application with the Registry of the Tribunal.

While in her application she refers to a broad spectrum of decisions, only one of them—the decision not to grant her ASHI—was the subject of a request for management evaluation. The Tribunal found, accordingly, that the application with respect to issues which were not previously subjected to management evaluation was not receivable, ratione materiae. With respect to the denial of ASHI, the Tribunal noted that the Applicant had been first notified of the contested decision on 1 May 2014. Due to ongoing discussions, the Applicant filed her request for management evaluation only on 18 July 2014...

The Tribunal considered that the application was not receivable on the grounds that the Applicant failed to request management evaluation of the contested decision prior to filing his application before the Tribunal.

The Tribunal found that a fundamental procedural flaw had occurred since the same staff member had fulfilled the roles of both the Applicant’s first and second reporting officers. However, no financial compensation was warranted, as the Applicant did not demonstrate that he sustained any material or moral damage stemming from this breach.

The Tribunal found that a final decision had been taken on 27 September 2013 by the Registrar and notified to the Applicant on 14 October 2013 and that by filing a request for management evaluation only on 23 June 2014, the application was irreceivable, ratione materiae.

The Tribunal found that the Applicant had requested management evaluation and concluded that the Application is receivable. Implied decision - The Tribunal found that the 90-day waiting period for a written response to the Applicant’s request was reasonable and that the ASG/OHRM’s failure to respond within 90 days constituted an appealable implied administrative decision. Thus, the ASG/OHRM’s written decision of 27 February 2015 was not a separate administrative decision but merely a reiteration and explanation of her implied decision. Receivability - The Tribunal found that after waiting for...

The Applicant failed to identify the administrative decision she is contesting and from the Tribunal’s examination of the documents received, it is not possible to clearly define the administrative decision that she wishes to contest. Furthermore, the Applicant did not request management evaluation of an administrative decision, if any. It follows that the present application is not receivable, ratione materiae, and the Tribunal is not competent to adjudicate the matter. The above is a matter of law, which may be adjudicated even without serving the application to the Respondent for reply, and...

Request for reconsideration of an administrative decision - According to the applicable rules and consistent with the principle of expeditiousness in administrative proceedings, a request for reconsideration of the decision by the first instance administrative organ does not have a suspensive effect on the deadlines for management evaluation.