UNDT/2018/059, Cherneva
The Tribunal noted that the Applicant filed her application on the merits on 26 March 2018, namely on the same day on which she filed her two requests for management evaluation. The Tribunal recalled that according to art.8.1(d)(i)(b) of its Statute, the Tribunal is competent to hear an application that is filed within 90 calendar days of the expiry of the relevant response period for management evaluation, which in the case at hand was 45 days. Having filed the application on the same day as the two requests for management evaluation, the Tribunal found that it was not competent to hear it (cf. Cherneva Order No. 83 (GVA/2018)) and declared it not receivable ratione materiae. Furthermore, the Tribunal observed that neither at the time of her candidature for the contested P-4 position, nor at the time of the completion of the selection exercise, was the Applicant a staff member of the Organization. The Tribunal thus found that the application with respect to this decision was also not receivable ratione personae.
The Applicant contested: a) the recruitment and selection process for the post of Corporate Alliance; Manager for Research (P-4), United Nations Children’s Fund (“UNICEF”); and; b) the decision to place her under the direct supervision of a P-3 “who has no supervisory functions in her Terms of Reference”.
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