The question of existence of an administrative decision capable of being reviewed by the UNDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. UNDT/2018/015 Corr. 1. Therefore, based on res judicata, the application was rejected as irreceivable.
Rule 11.2
The question of existence of an administrative decision capable of being reviewed by the UNDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. UNDT/2018/022. Therefore, based on res judicata, the application was rejected as irreceivable.
The question of existence of an administrative decision capable of being reviewed by the UNDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. UNDT/2018/025. Therefore, based on res judicata, the application was rejected as irreceivable. Related
The question of existence of an administrative decision capable of being reviewed by the UNDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. UNDT/2018/024. Therefore, based on res judicata, the application was rejected as irreceivable.
The question of existence of an administrative decision capable of being reviewed by the UNDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. UNDT/2018/026. Therefore, based on res judicata, the application was rejected as irreceivable.
Making a determination as to what constitutes a technical body is not the function of the Dispute or Appeals Tribunals. The exercise of discretion in reliance on technical bodies might be subject to judicial review only indirectly, through impact that such advice had on individual decisions. Considered that the ICSC was not a technical body for the purpose of exempting the impugned decision from the management evaluation requirement, the impugned decision should have been submitted for management evaluation. Although staff rule 11.2 and art. 8 of UNDT Statute require only “requesting”...
Making a determination as to what constitutes a technical body is not the function of the Dispute or Appeals Tribunals. The exercise of discretion in reliance on technical bodies might be subject to judicial review only indirectly, through impact that such advice had on individual decisions. Considered that the ICSC was not a technical body for the purpose of exempting the impugned decision from the management evaluation requirement, the impugned decision should have been submitted for management evaluation. Although staff rule 11.2 and art. 8 of UNDT Statute require only “requesting”...
The question of existence of an administrative decision capable of being reviewed by the UNDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. UNDT/2018/021. Therefore, based on res judicata, the application was rejected as irreceivable.
1) With regard to Case No. UNDT/NBI/2015/058, the Tribunal declined to entertain decisions a, b and c as listed above on the ground that the Applicant had not submitted them for management evaluation as required by the provisions of articles 8.1(c ) and (i) of the Tribunal’s Statute. The only decision under Case No. UNDT/NBI/2015/058 that the Tribunal considered was the Respondent’s decision to not provide the Applicant with a copy of the investigation report in the complaint of the physical assault against him. On this issue, the Tribunal found no merit in the Applicant’s case. The Tribunal...
The Tribunal held that the application was not receivable ratione materia. As a first step, a staff member wishing to formally contest an administrative decision, had to submit to the Secretary-General in writing a request for a management evaluation of the administrative decision. In this case, the Applicant did not provide in his application any document showing that he had filed a request for management evaluation, thus failing to meet the mandatory first step. The Tribunal also found that the application was not receivable ratione temporis. The Applicant filed his application over seven...