UNDT/2012/028, Bajnoci
Administrative decision: The essential element of an appeal is that there is a contested and appealable “administrative decision”. “Conduct” is not an administrative decision subject to appeal pursuant to article 8.1(a) of the Tribunal’s Statute. Preparatory decision: Preparatory decisions do not affect the scope or extent of an applicant’s rights and are therefore not subject to appeal. Management evaluation: A request for management evaluation is a necessary step in the appeal process. While the findings of a management evaluation do not form an independent administrative decision subject to appeal, they may be reviewed by the Tribunal in the context of the challenge to an underlying administrative decision. In some circumstances, an applicant may even seek and obtain compensation from the Tribunal on account of the Administration’s acts during the management evaluation. However, it would be for the applicant to establish, first, that the Administration’s acts were procedurally or substantively flawed and, second, that such acts have caused prejudice to him/her.
In her application, the Applicant described the contested decision as the “Chief of Section and Head of Organ’s conduct during the review process of [her] eligibility and suitability for conversion to a permanent appointment and MEU [d]ecision to determine [her] case as moot and closing thereafter the request for management evaluation without addressing [her] requests”. The Tribunal rejected the application as irreceivable on several grounds.