Receivability - The Application was found not to be receivable as the Applicant had failed to comply with the mandatory requirement of submitting a request to the Management Evaluation Unit before filing her Application with the Registry of the Tribunal.
The administrative instruction ST/AI/2011/6 (Mobility allowance), which superseded ST/AI/2007/1 (Mobility allowance), was applicable to the Applicant’s request for mobility allowance submitted in January 2012. ST/AI/2011/6 included the requirement of five years of continuous service in the United Nations common system, which in the present case was not fulfilled. The Tribunal found that the Applicant was not eligible because she did not meet one of the requirements for payment of the mobility allowance, namely five years of continuous service in the United Nations common system.
Interpretation of art. 11.3(c) of Appendix DArticle 11.3(c) is ambiguous. Pensionable remuneration scales are adjusted regularly and there is no explicit statement or guidance in Appendix D to indicate the relevant or operative date for assessing the pensionable remuneration at grade P-4, step V in any given case.Past practice…it is clear from the afore-stated email that the ABCC Secretary’s personal experience of the consistent practice as at 21 June 2013 spanned a mere period of two years, and that in his experience, this practice has been used without exception. The statement does not...
After completing his application, at the Tribunal’s request, the Applicant did not respond to 2 orders and 2 notifications from the Tribunal requesting him to submit his comments, if any, on the issue of receivability of the application raised by the Respondent in his reply. Given this, the Tribunal concluded that the Applicant was no longer interested in the outcome of legal proceedings he instituted and that the case should be closed for abandonment of proceedings.
Hence, the pre-requisite of seeking management evaluation prior to filing an application before the Tribunal was not met. While, in an earlier management evaluation, the Applicant contested the decision not to advertise any posts of Russian Translator, P-3 at UNON, even assuming that this management evaluation covered the decision impugned in the application, the latter was not filed within the statutory 90-day time limit as from the receipt of the reply to this earlier management evaluation request.
The Applicant failed to identify the administrative decision she is contesting and from the Tribunal’s examination of the documents received, it is not possible to clearly define the administrative decision that she wishes to contest. Furthermore, the Applicant did not request management evaluation of an administrative decision, if any. It follows that the present application is not receivable, ratione materiae, and the Tribunal is not competent to adjudicate the matter. The above is a matter of law, which may be adjudicated even without serving the application to the Respondent for reply, and...
Although requested by the Registry to file supporting documentation, including the contested decision and a request for management evaluation, the Applicant did not provide it. The Tribunal declared the application non-receivable, since it was not directed against an administrative decision as per the terms of Tribunal’s Statute, and the Applicant had not submitted the contested decisions for management evaluation.
The legality of this decision was ruled upon by this Tribunal and, in appeal, by the Appeals Tribunal; it is thus res judicata. Supposedly, the Applicant sought to contest a new decision taken on the same issue in June 2014 (after the decision was remanded to the ASG/OHRM pursuant to the UNAT judgment). However, this decision was not even mentioned in the application form submitted to the Tribunal or in any of the annexes listed therein.
The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific categories of decisions: those taken pursuant to advice obtained from technical bodies and...
Since the applications were identical, the Tribunal joined them per employing organization. The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific...
