UNDT/2012/182, Ur Rehman
The UNDT stated several hurdles to the receivability of the present application, including with respect to receivability ratione personae, ratione temporis, and ratione materiae, although the UNDT also found that on the papers filed some of these issues would ordinarily warrant further examination had the application not been manifestly inadmissible. The UNDT found that the application was manifestly inadmissible because the Applicant failed to comply with the statutory requirement of submitting a request for management evaluation of the contested decision prior to filing an application with the UNDT . The application was dismissed.
The Applicant filed an application contesting the decision of the United Nations High Commissioner for Refugees (“UNHCR”) not to select and appoint him to the post of Telecom Operator in Pakistan.
Jurisdiction of the UNDT: Articles 2.1 and 3.1 of the Statute of the UNDT provide that it is competent to hear and pass judgment on an application against an administrative decision “alleged to be in non-compliance with the terms of appointment or the contract of employment” filed by any current or former staff member of the United Nations or any person making claims in the name of an incapacitated or deceased staff member. The limitations on the Tribunal’s jurisdiction have been affirmed by the United Nations Appeals Tribunal.Standing, locus standi: An applicant must have legal capacity and legal standing in order to invoke the jurisdiction of the Tribunal.Requirement of requesting management evaluation: Pursuant to art. 8.1 of the Statute of the Dispute Tribunal, read together with staff rule 11.2(a), an applicant must, as a mandatory first step, request management evaluation of a contested decision before filing an application with the UNDT. The purpose of such management evaluation is primarily to allow the management to review, and possibly correct, an administrative decision, which an individual concerned wishes to challenge, and thereby avoid unnecessary litigation before the UNDT.Ignorance of the law: Candidates for a public post are presumed to know the rules applicable to the employing corporation. Ignorance of the law is no excuse.