UNDT/2021/103, Mkhabela
The Tribunal concluded that the application was not receivable both ratione temporis and ratione materiae. With regard to ratione temporis, the Tribunal noted that the Applicant became aware of the contested decision on 31 May 2019. She then ought to have requested management evaluation by 30 July 2019. She however, submitted her request on 30 December 2019, five months late, and outside the 60-day period. The Tribunal thus held that her request for management evaluation was time-barred and therefore, the application was not receivable. The Tribunal emphasized that it was not competent to extend or waive deadlines pertinent to the administrative stage of the proceedings. On the prong of ratione materiae, the Tribunal recalled that decisions having no direct impact on the Applicant’s terms of employment were not receivable, among them, various decisions on restructuring and reorganization leading to abolishment of post are considered prefatory acts. The impugned decision to depart from the terms of the Transition Plan constituted such a prefatory act; as such, the application was not receivable.
The Applicant contested UNDP’s decision to deviate from the agreed Transition Plan for restructuring the UNDP Resident Coordinator’s Office in Eswatini.
Pursuant to staff rule 11.2(c ), a request for management evaluation shall not be receivable by the Secretary-General unless it is sent within 60 calendar days from the date on which the staff member received the notification of the administrative decision to be contested. Pursuant to staff rule 11.2(c ), a request for management evaluation shall not be receivable by the Secretary-General unless it is sent within 60 calendar days from the date on which the staff member received the notification of the administrative decision to be contested. As per the settled jurisprudence, the Dispute Tribunal may only review decisions that have been the subject of a proper and timely request for management evaluation.