51³Ô¹Ï

Requirement of management evaluation re. non-disciplinary measure: In accordance with the mandatory provisions of staff rule 10.2(b)(i), the written reprimand is not a disciplinary measure but an administrative (non-disciplinary) measure. In accordance with staff rule 10.3(c), a staff member against whom disciplinary or non-disciplinary measures, pursuant to staff rule 10.2, have been imposed, following the completion of a disciplinary process, may submit an application challenging the imposition of such measures directly to the Dispute Tribunal. Furthermore, according to staff rule 11.2(b), a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by the Secretary-General, or of a decisiontaken at the Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to staff rule10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) constitutes the exception from the general rule established in staff rule 11.2(a). Moreover, sec. 10 of ST/AI/371, as revised by ST/AI/371/Amend.1, further clarifies that a staff member has the right to file an appeal directly to the Dispute Tribunal against a non-disciplinary measure. Imposition of a written reprimand against a former staff member: As results from staff rules 10.1, 10.2(b)(i) and 10.3, all the legal provisions have a common mandatory element, notably that they apply only to an existing, valid contract based on which the Secretary-General, as the employer, can exercise his discretionary authority to impose a disciplinary or administrative (non-disciplinary) measure against the staff member (the employee) for his/her failure to comply with the obligations established by the Charter, Staff Regulations and Rules and other administrative issuances, or for his/her failure to observe the standards of conduct required of an international civil servant. Furthermore, a disciplinary or a non-disciplinary measure can be imposed only on an actual staff member as confirmed by the relevant quotations from following staff rules. As established by the 51³Ô¹Ï Appeals Tribunal, the Dispute Tribunal is competent to review ex officio its own competence or jurisdiction ratione personae, ratione materiae, and ratione temporis (Pellet 2010-UNAT-073; O’Neill 2011-UNAT-182; Gehr 2013-UNAT-313; Christensen 2013-UNAT-335). This competence can be exercised even if the parties do not raise the issue, because it constitutes a matter of law and the Statute prevents the Dispute Tribunal from considering cases that are not receivable.