The Dispute Tribunal rejected the application as irreceivable ratione materiae and ratione temporis, on the grounds that the applicant did not submit a request for management evaluation of the contested decision within the applicable deadline, and that the application was filed more than three years after receipt of the contested decision. Identification of the contested decision: As the Appeals Tribunal held in Massabni 2012-UNAT-238, it is part of the duties and of the inherent powers of a Judge to adequately interpret and comprehend the applications submitted by the parties, and to...
Rule 11.2
The Tribunal found that there was no basis for finding that the OiC/MEU’s writing in the MEU’s letter to the Applicant amounted to a breach of either ST/SGB/2008/5 or ST/AI/371 and the USG/DM, therefore, did not infringe on the Applicant’s rights when dismissing his complaints against the OiC/MEU. Accordingly, the application was dismissed.
The Tribunal dismissed the motion and found the application not receivable ratione temporis because (a) it was filed outside the applicable 90-day time limit as provided for by art. 8.1(d)(ii) of the Statute and (b) no extraordinary circumstances prevailed.
The present current Dispute Tribunal not competent. The Tribunal rejected the application as not receivable ratione materiae.
The Applicant submitted three sets of education grant claims, on 19 November 2012, 12 July 2013, and 8 September 2014 in respect to the relevant school years. The Tribunal found that on 14 February 2013, 11 September 2013, and 2 October 2014, respectively, OHRM made decisions not to process the three claims, pending settlement of the Applicant’s claim in respect to the 2011–2012 school year. It was alleged that the Applicant had submitted misleading or false documents in respect to this claim. The Applicant submitted a request for management evaluation in respect of all three of his education...
UNDT deemed it appropriate to decide on the application, without first transmitting a copy of the application to the Respondent for a reply. The Applicant should have requested management evaluation of the contested decision, but failed to do so. UNDT rejected the application as not receivable.
The Tribunal issued a summary judgment dismissing the application as premature and not receivable. The Applicant had not waited for the outcome of his request for management evaluation or the expiration of the 30-day time limit for the Management Evaluation Unit to respond to the request.
The UNDT found the application irreceivable in respect of one position due to the Applicant’s failure to file a request for management evaluation within the applicable time limit. With respect to the remaining three posts, the Tribunal found that the decision not to select the Applicant for the position of Chief of Section (Procurement of Services) was unlawful, and that the other two selection decisions were not. Consequently, the Tribunal rescinded the decision not to select the Applicant for the position of Chief of Section (Procurement of Services), set the amount of alternative...
Finding that the Applicant had been notified about the respective administrative decisions on 12 August 2014, and not in September 2014 as argued by the Applicant, the Tribunal concluded that the Applicant’s request for management evaluation, dated 6 November 2014, was not submitted timely. As a result, the Tribunal ruled that it had no jurisdiction to consider the respective contentions of the parties on the merits of the case and that the Applicant’s claim was not receivable. Management evaluation: the requirement of timely filing a request for management evaluation prior to submitting an...
Finding that the Applicant had been notified about the respective administrative decisions on 12 August 2014, and not in September 2014 as argued by the Applicant, the Tribunal concluded that the Applicant’s request for management evaluation, dated 6 November 2014, was not submitted timely. As a result, the Tribunal ruled that it had no jurisdiction to consider the respective contentions of the parties on the merits of the case and that the Applicant’s claim was not receivable. Management evaluation: the requirement of timely filing a request for management evaluation prior to submitting an...