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The Applicant indicated on page 4 of his application that he received the response to his management evaluation request on 21 June 2018. Thus, to be in compliance with art. 8.1(d)(i)(a) of the UNDT Statute, the Applicant should have filed his application to the UNDT by 19 September 2018 but he did not do so until 6 October 2018, more than two weeks after the statutory deadline, to file his application. The Tribunal held that the application was time-barred due to the Applicant’s failure to file his application within the established time limits. Although the Applicant made considerable effort...

Receivability The Respondent argued that the decision to discontinue the payment of SPA was notified to the Applicant on 10 September 2020 and since the Applicant failed to request a management evaluation by 10 November 2020, the application is not receivable. The Respondent’s argument was rejected. The Tribunal found that the contested decision is not the initial discontinuation of the payment of SPA but rather the the refusal to pay her SPA after certifying officer functions had been assigned to her, which was communicated to her on 25 July 2012. The Applicant timely requested a management...

The application was not receivable because the Applicant acknowledged that she became aware of the decision she was appealing in December 2015 but only sought management evaluation in 2018. She claimed that she made the decision to lodge this application after realising that her issue (in 2015) could have been handled in a professional manner, after a similar issue was professionally handled in 2018.; The relevant date for purposes of the rule however, was the one on which the applicant knew or reasonably should have known of the implied decision. It was that date that triggered the deadline...

The Applicant’s request for management evaluation of 5 February is vague and fails to articulate the precise administrative decision he is contesting. It ambiguously mentions the recruitment processes for Job Openings (JOs) 108789 and 109656, the termination of his continuing appointment and the lack of effort by the Organization to find him a new post. Since the application makes no mention of the selection processes for JOs 108789 and 109656, the Tribunal will not address it. Consequently, the Tribunal’s review will focus solely on whether the claims against the termination of the Applicant...

UNDT held that the request for management evaluation was not time-barred. UNDT held that the rules and procedures applied to establish the Applicant’s EOD date were due consequences of the fact that she had been reappointed in 2008. UNDT held that the choice of reappointment as modality of the Applicant’s move was borne out by personnel actions of separation and reappointment and acknowledged by her in the memorandum of understanding with respect to annual leave from 2008. Accordingly, UNDT held that the matter was outside the temporal jurisdiction of UNDT. UNDT held that the EOD date as...

it is undisputed that the Administration did not afford the Applicant written notice so he learnt about the non-renewal only upon the expiration of his fixed-term appointment. This practice, however, does not disable the right to seek review of the non-renewal decision by the UNDT. The Tribunal considers that the objective factual element as to the non-renewal of the Applicant’s appointment consists in the memorandum instructing the Applicant to commence his separation procedure, dated 4 January and delivered to the Applicant on 11 January 2016. Recalling that the Applicant sought information...

The application was filed too late and is not receivable ratione temporis in accordance with art. 8.1(d)(i)(a) of the Dispute Tribunal’s Statute.

The application is not receivable ratione temporis as it was filed after the statutory time limit under art. 8.1 of its Statute expired.

The separation decision for abandonment of post took effect in December 2012, and the Applicant claimed that she received separation related paperwork only in November 2018. The Tribunal decided that the Administration properly followed the procedures, including seeking and obtaining the approval of separation for abandonment of post from the Office of Human Resources Management, and notifying the Applicant at every important step by email and other authorized means in accordance with ST/AI/400 and therefore the separation decision was properly made. The Tribunal found that even if the...

The UNDT cannot condone delay or adjust the time permitted for filing an application within the prescribed 90 calendar day limit. There must be a limit to such actions. The Applicant’s given reasons for failing to meet the deadline were not exceptional. There was no long-term outage of her electrical supply or internet service to prevent her from seeing the email before the end of business in the New York time zone. The Applicant should have sought a waiver of the time limit or leave to file after the statutory timelines before the deadline for filing. The amendment to the UNDT statute was...