2016-UNAT-661, Kalashnik
UNAT affirmed UNDT’s finding and held that “the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision” all support the conclusion that the Administration’s response to a request for management evaluation is not a reviewable decision. UNAT noted that the response to a request for management evaluation is an opportunity for the Administration to resolve a staff member’s grievance without litigation and not a fresh decision. UNAT dismissed the appeal.
The staff member submitted requests for management evaluation of the decisions not to roster him for the position of P-4 Resident Investigator and not to select him for the P-4 Investigator positions. The Under-Secretary-General for the Department of Management (USG/ DM) responded to the staff member’s requests for management evaluation, upholding the recommendations of the Management Evaluation Unit (MEU) and finding no merit in his claims. The staff member subsequently filed an application with UNDT contesting the decision of the USG/DM. UNDT held that the staff member’s application was not receivable ratione materiae because the Administration’s response to a request for management evaluation is not a judicially reviewable administrative decision.
The outcome of a management evaluation (that is the Secretary-General’s response to a request for management evaluation) is not an appealable administrative decision.