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The Tribunal dismissed the motion and found the application not receivable ratione temporis because (a) it was filed outside the applicable 90-day time limit as provided for by art. 8.1(d)(ii) of the Statute and (b) no extraordinary circumstances prevailed.

The Tribunal issued a summary judgment dismissing the application as premature and not receivable. The Applicant had not waited for the outcome of his request for management evaluation or the expiration of the 30-day time limit for the Management Evaluation Unit to respond to the request.

The Dispute Tribunal found that the contested decision was lawful and rejected the application. Application of ST/AI/2010/5 on Performance Management and Development System: This administrative instruction does not apply to UNFPA, which is a separately administered fund, as it has not explicitly accepted its applicability, as per ST/SGB/2004/9 on Procedures for the promulgation of administrative issuances. Obligation to provide an opportunity to improve performance prior to non-renewal: Absent any specific provision in the applicable rules, the Organization has no legal obligation to take any...

The Tribunal noted that: (a) there was no female member in the assessment panel, (b) the panel’s evaluation of the candidates was substantially modified between its adoption by all three panel members and its scrutiny by the competent Central Review Committee (“CRC”), (c) the Hiring Manager failed to transmit his final recommendation to the decision-maker; instead the CRC Secretariat forwarded the selection record (with only one recommended candidate) to the decision-maker, and (d) the Applicant was not notified of his non-selection within the prescribed 14 days of the decision; rather, he...

The Respondent submitted that the application was not receivable because the Applicant did not submit a request for management evaluation within 60 days of receiving notification of the contested decision, as required by the Staff Rules. The Respondent produced minutes of four meetings held in June 2014, submitting that in the three of the four meetings, the Applicant was informed that her fixed-term appointment would expire and would not be renewed. The Applicant contested the accuracy of the minutes. A hearing on receivability was held at which each of the participants in the June 2014...

As results from the evidence and from the Respondent’s submissions, the contested decision consisted in the UNCB’s recommendation against awarding the Applicant any compensation, which was included in the minutes of UNCB’s 343rd meeting of 20 February 2014 submitted for the ASG/Controller’s consideration on 4 April 2014.The Tribunal, after reviewing the content of the contested decision, finds that instead of making her own final and reasoned decision on the Applicant’s claim, the ASG/Controller appears to have only signed off on the recommendation made by the UNCB to deny the claim on 23...

The non-disciplinary or administrative measure imposed against the Applicant is unlawful because, at the date of issuance of the contested decision, there was no longer an existing employment contract with the Applicant who was no longer a staff member. Accordingly, the Secretary-General had no longer the authority to impose such a measure.The entire complex process of launching an investigation into allegations of misconduct, instituting a disciplinary process and completing it by issuing the final decision, if any, to impose a disciplinary or non-disciplinary measure against a staff member...

The Tribunal rejected the application as non-receivable. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.

Not receivable ratione materia. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.

The Tribunal found the application not receivable pursuant to art. 8.1(d)(i) of the Dispute Tribunal’s Statute because it was not filed within 90 days of the Applicant’s receipt of the response to his request for management evaluation.