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The Applicant failed to identify the administrative decision she is contesting and from the Tribunal’s examination of the documents received, it is not possible to clearly define the administrative decision that she wishes to contest. Furthermore, the Applicant did not request management evaluation of an administrative decision, if any. It follows that the present application is not receivable, ratione materiae, and the Tribunal is not competent to adjudicate the matter. The above is a matter of law, which may be adjudicated even without serving the application to the Respondent for reply, and...

Since the applications were identical, the Tribunal joined them per employing organization. The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal found that the contested decision was lawful and rejected the application. Application of ST/AI/2010/5 on Performance Management and Development System: This administrative instruction does not apply to UNFPA, which is a separately administered fund, as it has not explicitly accepted its applicability, as per ST/SGB/2004/9 on Procedures for the promulgation of administrative issuances. Obligation to provide an opportunity to improve performance prior to non-renewal: Absent any specific provision in the applicable rules, the Organization has no legal obligation to take any...

Administrative decision: Advice from OAIS about where to submit a complaint that does not fall within the scope of its authority does not produce any direct legal consequences to the legal order and, therefore, does not constitute an administrative decision.In the absence of a specific time limit in the applicable rules and regulations for finalizing PAD rebuttals, a former staff member has no right to compel the Administration to investigate misconduct for a delay in the completion of a PAD rebuttal process; therefore, the absence of a response to such request does not constitute an implied...

In the instant case, the Respondent showed that three available P-5 posts were identified as suitable to the Applicant’s qualifications and experience and that he was invited to apply for them for consideration. If the Applicant had put a foot in the door by applying to any of them, then the next stage would have been for the Tribunal to examine whether UNFPA selected a non-permanent staff member above the qualified Applicant thus denying the Applicant of the protections afforded him by staff rules 9.6(e) and 13(d). Good faith efforts on both sides means that both parties cooperate to identify...

The Tribunal held that the Applicant’s claim that he was underpaid between July 2004 and 31 May 2005, was not receivable. The Tribunal was satisfied that in the period in relation to which the Applicant alleged underpayments by the UNFPA Administration, the Applicant was not a staff member appointed by the Secretary-General. The jurisdiction of the Tribunal is limited to persons who are staff members or former staff members of the Organization. Therefore, the Applicant had no locus standi regarding the claims derived from another status, but not a staff member. With regard to the non-renewal...