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The Applicant did not appeal a final administrative decision carrying direct legal effects. The application was therefore not receivable ratione materiae. The contested decisions had no nexus with the Applicant's former employment with the Organization, the application was therefore not receivable ratione personae.

The Tribunals’ jurisprudence underscores that the key characteristic of an administrative decision is that it must produce adverse consequences for a staff member’s employment contract or terms of appointment. Decisions that extend a contract, even on a short-term basis, are in the staff member’s favour and do not adversely affect their rights. It is only after a report has been made and processed purusant to ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) that its handling may be the subject matter of a case before the Tribunal. It...

The Applicant became aware of her de-rostering in 2017 and it became apparent in 2020, after three years of enquiries that she was in fact de-rostered. She only requested management evaluation on 6 June 2021, several months beyond the 60-day deadline. The Tribunal also found that the impugned decision did not constitute an "administrative decision" as defined in United Nations Administrative Tribunal Judgment No. 1157, Andronov (2003). The change of rostering status complained of did not involve a final decision taken with direct legal consequences for the Applicant’s rights and obligations...

Given that the Tribunal already adjudicated the Applicant’s claim, finding it not receivable ratione personae for lack of standing, the present application is not receivable. The Secretary-General’s response to a request for management evaluation is not an appealable administrative decision.

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...

The Tribunal held a case management discussion on 19 August 2021 during which the parties agreed that this application had been superseded by the decision of 12 November 2019 from the ABCC denying the Applicant’s claim for benefits under Appendix D. At the time of filing the application, on 23 October 2019, the Applicant had not yet received this decision. In view of this development, the Tribunal found that the application was not receivable ratione materiae as indeed the application did not disclose a reviewable administrative decision. The Applicant did not establish that she was contesting...

The Applicant did not advance any exception to the rule that General Assembly resolutions may not be amenable to judicial review by the Tribunal. Those exceptions arise where the Secretary-General is mandated to interpret an ambiguous regulatory decision, to comply with procedures or where the implementation of the resolution involves application of a criteria. In the instant case, the Secretary-General’s role in implementation of the resolution to abolish the P-4 Engineering position was mechanical and was not reviewable . In that regard, the Respondent was correct that that limb of the...

At the time of the management evaluation, the contested decision had not been implemented and, therefore, had not had any impact on the Applicants’ terms of employment. The contested administrative decision did not, therefore, constitute a reviewable administrative decision.

UNDT held that the application was not receivable ratione materiate, as the Applicant did not request management evaluation, as required. UNDT dismissed the application.

The Applicant, as the aggrieved individual, was entitled to be informed of the outcome of the investigation and the action taken pursuant to sec. 5.18(c) of ST/SGB/2008/5. Section 5.18(c) of ST/SGB/2008/5 cannot be read as providing a mere right to be informed of the outcome of the investigation and of the action taken, but must be interpreted as providing a right to the aggrieved staff member that a disciplinary process be started unless exceptional circumstances arise. In the present case, the person to be disciplined was no longer a staff member, and the parties disagreed on whether the...