51³Ô¹Ï

It is not in dispute that the Applicant received notice of the contested decision on 8 May 2023 and that he only sought management evaluation in respect of the contested decision on 2 May 2024, approximately one year later. Since the management evaluation request was submitted outside of the statutory 60-day deadline stipulated in staff rule 11.2(c), the application is non-receivable ratione materiae (see, also, Christensen 2013-UNAT-335).

The Respondent’s motion for summary judgment was granted.

The Tribunal noted that under staff rule 11.2(a), requesting a management evaluation was indeed required, but the Applicant had not previously submitted the contested administrative decision for management evaluation. Accordingly, the Tribunal found that the application was not receivable.

The Applicant claims that, by informing her that she would only be entitled to the long service step increment in August 2028 instead of August 2026, the Administration effectively made a new and separate administrative decision that is reviewable under the Tribunal’s jurisdiction.

The issue under challenge for the purpose of receivability was whether the communication sent to the Applicant on 19 September 2023 constituted a reviewable administrative decision.

The Tribunal found that there was no decision made by the Respondent in the 19 September 2023 correspondence that adversely affects the...

The Applicant claims that the Administration’s indication that she will only be entitled to be considered for her long service step increment in August 2028, instead of August 2026, contravenes the terms of the settlement agreement signed previously. The issues the Tribunal considered for the purpose of receivability were, therefore, whether the subject matter of the application was one of the terms of the Agreement and whether the Agreement had been implemented or not.

In the Tribunal’s view, the record did not allow to conclude that the deferment of eligibility for increment was a matter...

The Dispute Tribunal had no record of any case filed by the Applicant ever having been transferred to it from JDC when the new system of internal justice at the 51³Ô¹Ï took force in July 2009.

Taking into consideration the Applicant’s subsequent failure to pursue the claim for over 12 years, and the absence of any record of a case transferred to it, the Tribunal does not consider itself seized of the application filed in 2007, before the JDC.

Therefore, the Tribunal finds that the application is not receivable.

The Applicant’s 16 September 2023 request for management evaluation was not filed in a timely manner as it was filed after the expiry of the 60-day deadline stipulated in staff rule 11.2(c). There was, however, no issue of res judicata in the present case.

In the absence of any further information and/or evidence, DSS/SSS indeed acted within its scope of discretion under staff regulation 1.2(c) and art. 100.2 of the 51³Ô¹Ï Charter, when deciding not to take any further action on the Applicant’s request for action regarding his complaint concerning the relevant law enforcement agency.

The UNAT held that the UNDT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the UNAT found that while a decision to place a note in the former staff member’s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the UNDT should have identified either decision as the contested decision, but erred in following the former staff member’s assertion that a termination decision was taken on 1 April 2022.

Nevertheless...

The UNAT held that the UNRWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months’ non-payment of his salary. However, the UNAT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months’ non-payment was timely, rendering his application partially receivable.

The UNAT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...

The UNAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant’s attorney’s personal circumstances.

The UNAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the UNAT found that the UNDT had erred in fact and law in dismissing Mr. Khan’s application as not receivable ratione temporis. It concluded that Mr. Khan’s exceptional circumstances—including severe flooding disrupting internet service and affecting his ability to access e...