The Tribunal found that the contested decision in this case was clearly not based on direct organisational authority and it concerned an area protected from employer interference, the internal affairs of a Staff Union. It did not produce a sufficiently direct legal consequence to the legal order of the Applicant as a staff member.
The Tribunal rejects the application as not receivable. The Applicant’s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.
The Tribunal found that the Applicant identified the contested decision as “misconduct allegations†made against her. It was clear that the Administration was yet to take a decision whether or not to discipline her. Allegations of misconduct are only a prefatory act, from which no direct consequences stem for the terms of the Applicant’s employment. Accordingly, the application was found not receivable for want of a reviewable administrative decision and it was dismissed.
The Tribunal held that the facts arose from the Applicant’s former employment relationship with UNHCR. Accordingly, the Tribunal found the application to be receivable.
The Tribunal rejects the application as not receivable. The contested decision to place a note on the Applicant’s Official Status File is not an appealable administrative decision as it has no direct legal consequences affecting the terms and conditions of his appointment. The Applicant should have requested a management evaluation within 60 days from the notification of the contested decisions on 5 August 2017, but instead he requested a management evaluation on 3 November 2017, more than 60 days later. Therefore, the application is not receivable as time-barred. The contested decision not to...
The Applicant did not appeal a final administrative decision carrying direct legal effects. The application was therefore not receivable ratione materiae. The contested decisions had no nexus with the Applicant's former employment with the Organization, the application was therefore not receivable ratione personae.
The Tribunals’ jurisprudence underscores that the key characteristic of an administrative decision is that it must produce adverse consequences for a staff member’s employment contract or terms of appointment. Decisions that extend a contract, even on a short-term basis, are in the staff member’s favour and do not adversely affect their rights. It is only after a report has been made and processed purusant to ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) that its handling may be the subject matter of a case before the Tribunal. It...
The Applicant became aware of her de-rostering in 2017 and it became apparent in 2020, after three years of enquiries that she was in fact de-rostered. She only requested management evaluation on 6 June 2021, several months beyond the 60-day deadline. The Tribunal also found that the impugned decision did not constitute an "administrative decision" as defined in United Nations Administrative Tribunal Judgment No. 1157, Andronov (2003). The change of rostering status complained of did not involve a final decision taken with direct legal consequences for the Applicant’s rights and obligations...
Given that the Tribunal already adjudicated the Applicant’s claim, finding it not receivable ratione personae for lack of standing, the present application is not receivable. The Secretary-General’s response to a request for management evaluation is not an appealable administrative decision.
The Tribunal concluded that the application was not receivable both ratione temporis and ratione materiae. With regard to ratione temporis, the Tribunal noted that the Applicant became aware of the contested decision on 31 May 2019. She then ought to have requested management evaluation by 30 July 2019. She however, submitted her request on 30 December 2019, five months late, and outside the 60-day period. The Tribunal thus held that her request for management evaluation was time-barred and therefore, the application was not receivable. The Tribunal emphasized that it was not competent to...
