����AV

The UNDT found that the application was irreceivable ratione materiae and ratione temporis as both the Applicant’s request for management evaluation and his application before the Tribunal were time-barred. Receivability: A new administrative decision that supersedes the contested decision cannot be submitted to the Tribunal’s review through additional submissions in the case under consideration. It ought to be challenged through another application before the Tribunal. The deadline to file a request for management evaluation starts from the moment the staff member was made aware of the decision. As the Appeals Tribunal held in Rosana 2012-UNAT-273, “[t]he date of an administrative decision is based on objective elements that both parties (Administration and staff member) can accurately determine”. Pursuant to the long standing jurisprudence of the Appeals Tribunal, the reiteration of an original administrative decision does not reset the clock with respect to statutory time limits, which started to run from the date of the original decision.