UNDT/2016/218, Nielsen
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 even if it was not raised by the parties.
The Applicant filed an “application on extension [of] deadline in UN [Joint Staff] Pension Fund [“UNJSPF”] for [her] pension contribution”.
The Tribunal is competent to hear and pass judgement on an application filed by an individual “[t]o appeal an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment”. An administrative decision “is a unilateral decision taken by the Administration in a precise individual case (individual administrative act) which produces direct legal consequences to the legal order”. For an application to be receivable, the applicant must first submit a request for management evaluation within the applicable time limit, which is “60 calendar days from the date on which the staff member received notification of the administrative decision to be contested”. An application is not receivable ratione materiae, if the Applicant failed to file a (timely) management evaluation. In addressing issues of receivability, it is appropriate for the Dispute Tribunal to proceed by way of summary judgment under art. 9 of its Rules of Procedure.