The Tribunal found that since the Applicant failed to submit a request for management evaluation at any point in time and also within the 60-day deadline under staff rule 11.2 upon the receipt of his pension entitlement letter, the application was not receivable.
The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal’s Statute.
The Tribunal found that it is not competent to examine decisions taken by the UNJSPF. The application was dismissed.
The UNDT found that the Applicant contested the decision not to renew his “tour of duty” with UNPOL, which was made by the Romanian Ministry of Internal Affairs. This was not an administrative decision made by the United Nations Administration, the Secretary-General or his duly delegated officers and, under art. 2.1 of the UNDT Statute, the application was not receivable. Further, the UNDT found that the applicant was not a staff member and therefore had no standing before the Tribunal. The application was dismissed.
The Tribunal considered that the Applicant as a party cannot file a motion for intervention in her own case, and that her request for intervention by the Tribunal in the rebuttal process is not receivable ratione materiae, thus leaving no legal ground for an interim measure.
The Tribunal found the application irreceivable for want of management evaluation request.
The Tribunal found that the Applicant did not file a request for management evaluation prior to the filing of his application. Therefore, his application was dismissed as manifestly not receivable.
Receivability ratione personae: The Tribunal is not competent to hear applications filed by a (former) individual contractor, who was not a staff member, a former staff member or a person making claims in the name of an incapacitated or deceased staff member; such an application is not receivable, ratione personae.Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has timely requested management evaluation. Failure to file a timely request for management evaluation, when required, makes the...
The application was rejected as being manifestly inadmissible and not receivable.
The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable. Receivability: An application against a non-renewal of appointment becomes moot when the appointment is extended prior to or pending the proceedings before the Tribunal, since the contested decision is deprived of its effects. As a consequence, the application is irreceivable.
