¹ú²úAV

Article 2.2

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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...

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.