UNDT noted that the Applicant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNDT held that the application was irreceivable as time-barred. UNDT rejected the application.
Article 2.2
UNDT nted that the Applicants’ requests for management evaluation were submitted after the applicable deadline had already expired. UNDT noted that, while the Applicants were active and diligent in bringing their concerns and grievances to higher authorities, these actions did not constitute sending a request for management evaluation. UNDT held that the application for suspension of action was irreceivable as time-barred. UNDT rejected the application for suspension of action.
On 31 December 2010 the Tribunal granted suspension of action pending management evaluation, pursuant to Order No. 338 (NY/2010). UNDT held that it was evident that the decision not to renew the Applicant was influenced by at least some improper considerations that, as a result, it was satisfied of the prima facie unlawfulness of the decision. UNDT also held that the situation held particular urgency. UNDT further held that, given the criticisms made of the Applicant’s performance, it was reasonable to conclude that if the contested decision was not suspended, irreparable harm to the Applicant...
The Applicant has no interest in the maintenance of the proceedings, therefore the case is closed.
The Tribunal took note of the fact that the management evaluation was completed on 29 September 2011, thus rendering moot the application for suspension of action filed on 28 September 2011. The application for suspension of action was thus rejected.
UNDT held that the application did not meet the test as set out in Article 2.2 of the UNDT Statute, specifically noting that it failed to meet the requirements for irreparable damage and particular urgency. UNDT therefore considered it unnecessary to determine the issue of prima facie unlawfulness.
Noting that the Applicant had neither filed an application on the merits nor any other application with regard to this case file, UNDT closed the case.
It was not disputed by the Applicant that what he contested was not a decision which was actually made. Rather, he challenged a possible decision (to require him to take a break in service) which would most likely be made by the United Nations Office at Geneva. The Tribunal considered that no decision had been made at the time when the Applicant filed his application. Consequently, the application was found irreceivable.
The Tribunal found that the contested decision did not appear prima facie unlawful and dismissed the application.
The Tribunal found that the contested decision did not appear prima facie unlawful and dismissed the application.