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The UNDT found that the first case (UNDT/NY/2015/038) was not receivable due to the Applicant’s failure to comply with the relevant time limit for the filing of her request for management evaluation. The UNDT found that the second case (UNDT/NY/2015/038) was also not receivable as the Applicant’s argument that her earlier evaluation request (to which she received no reply) should be considered as the applicable management evaluation request would have resulted in her application being time-barred by several months.

After conducting case management and issuing a number of orders, the Tribunal considered that the Applicant had identified four decisions and/or issues for consideration: (a) a decision in 2010 in which she was denied the full period of annual leave that she had requested; (b) an implied decision or decisions not to provide her with a job description in a timely manner; (c) an implied decision or decisions not to reduce her workload despite awareness on the part of management that she was suffering from health issues; and (d) whether she should be awarded compensation for the effect of the...

Management evaluation: the requirement of filing a request for management evaluation prior to submitting an application before the Tribunal has been invariably upheld by the Appeals Tribunal. The Tribunal has no jurisdiction to either waive the deadlines for the filing of requests for management evaluation with the MEU or make any exception to it; therefore, the Tribunal is incompetent to review decisions which have not been subjected to management evaluation. Technical bodies: as per staff rule 11.2(b), technical bodies are determined by the Secretary-General. Absent such determination...

Strict enforcement of time limits: time limits for formal contestation of a decision are to be enforced strictly. Exceptional cases (in relation to the waiver of time limits): according to art. 8.3 of the Tribunal’s Statute, the Tribunal may suspend or waive the deadlines for a limited period “only in exceptional cases”. The Appeals Tribunal has repeatedly found that only circumstances beyond the applicant’s control that prevented him or her from exercising the right of appeal in a timely manner may be considered exceptional circumstances justifying a waiver of the statutory time limits.

he second case was filed to address the Respondent’s contention that the first case was not receivable. The UNDT found that the Applicant was not required to seek management evaluation since the impugned decision followed the completion of a disciplinary process. Pursuant to art. 8.1(d)(ii) of the UNDT Statute, the Applicant was required to file his application with the Tribunal within 90 days from the date of notification of the contested decision. The Applicant, however, first sought management evaluation and subsequently missed the 90-day deadline for filing with the UNDT. The UNDT found...

Receivability: The filing of a recourse application as per UNHCR Promotions Policy suspends the time limit to submit a request for management evaluation of a decision not to grant promotion only if it is timely done; otherwise, the deadline for requesting management evaluation runs from the date of notification of the initial decision, unless an extension of time is granted or the deadline is waived by the competent authority.

Since the receivability of an application is a question of law, the Tribunal considers that it is appropriate to make use of art. 9 of its Rules of Procedure, and to decide on the application by way of summary judgment, without transmitting it to the Respondent. Upon taking up her functions as a Programme Management Officer at UNFCCC on 8 November 2012, the Applicant knew about her step in grade, as per her offer of appointment of 24 September 2012. Since the Applicant filed her request for management evaluation against the determination of her step upon recruitment with UNFCCC four years...

The impugned decision of 21 April 2015 clearly: a) emanated from the Administration and b) produced direct legal consequences for the terms and conditions of the Applicant’s appointment. As such, the decision was capable of being subject to management evaluation as well as capable of being reviewed by the UNDT. The Applicant had until 90 days from 8 June 2015 to file an application before UNDT. The Applicant did not do so until 1 March 2016. The application is, therefore, late by almost six months. The Applicant did not demonstrate exceptional circumstances that would warrant waiving the time...

The Tribunal found that the contested decision in the present case was the High Commissioner’s decision of 17 October 2014, which considered the Applicant’s candidacy for promotion at the P-5 level, notified to the Applicant on 20 October 2014. This decision was not subject to any further review or superseded by a new one.; The Tribunal noted that the decision of 2 March 2015 did not consider the Applicant’s recourse application on the merits as it was filed out of time, which left the original decision of 17 October 2014 undisturbed. The Tribunal therefore found that the decision of 2 March...

The parties disagreed as to the date the contested decision was notified to the Applicant and the Tribunal had to determine which of the communications triggered the running of the 60-day time limit to request management evaluation.; It was uncontested by the Applicant that he was informed, unequivocally, by his manager on 28 October 2015, that his contract was going to be terminated effective 31 January 2016 and that he was being placed on special leave with full pay as of 1 November 2015. He was also unequivocally informed on that date that he would no longer have access to his emails and...