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The Appeals Tribunal found that the UNDT correctly held that it was within the SRO's discretion to make comments on Ms. Abdellaoui’s performance, that the SRO's disputed comments were reasonable and balanced by other comments that provided a positive perspective supporting the overall rating, and that as such they did not detract from the overall satisfactory appraisal. Accordingly, the Appeals Tribunal concurred with the UNDT’s determination that the challenged performance evaluation was not an “administrative decision” and agreed that the application was therefore not receivable ratione...

The UNAT held that the staff member’s application was not receivable ratione materiae. It further found that the e-mail identified as the contested decision was a general response from the Human Resources Partner to the staff member’s general inquiry regarding SEG, which did not address his personal situation. As such, it did not constitute an individual or final administrative decision affecting his terms of appointment under Staff Rule 11.2(a).

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2023/107, albeit for different reasons, with Judge Colgan dissenting.

The application is DISMISSED as not receivable.

The Appeals Tribunal found that the paucity of positive comments, compared with the overwhelmingly negative comments rendered Ms. Haydar’s performance evaluation an “administrative decision” with a direct adverse impact on her employment. The Appeals Tribunal thus found that the UNDT did not err in finding her application receivable.

Turning to the merits of the application, the Appeals Tribunal found that by characterizing Ms. Haydar’s performance as “successfully meets performance expectations”, the Administration precluded her from contesting the appraisal through the rebuttal process...

The Appeals Tribunal found, in relation to Mr. Qasem’s exclusion from consideration for the Acting Head position, that the UNRWA DT erred in finding Mr. Qasem’s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem’s application from consideration, this irregularity had no impact on the selection decision. Considering Mr. Qasem’s performance, administrative and...

The UNAT held that the UNDT correctly identified UNDP as the respondent in the present case because it was UNDP that administered the staff member’s position and was therefore his employer. The UNAT found that the staff member’s application was premature because he filed it before receiving the management evaluation response, or at least before the expiration of the delay for receiving that response. The UNAT also concluded that the management evaluation response did not constitute the contested administrative decision.

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2023/036...

The Tribunal found that the Applicant had not proved that he suffered any direct adverse effect on account of the contested decision. The contested decision is therefore not an administrative decision within the meaning of art. 2(1) of the Dispute Tribunal’s Statute.

The Tribunal finds that the application is not receivable ratione materiae because the Applicant, by his own admission, failed to request management evaluation of the contested decisions.

The application is not receivable ratione materiae on two grounds. First, the alleged contested decision does not carry the capacity to produce direct legal consequences affecting the Applicant’s terms and conditions of employment and, thus, is not a reviewable administrative decision falling under the jurisdiction of the Dispute Tribunal. Second, the Applicant did not file a timely request for management evaluation within the statutory deadline.

The application was filed without being preceded by a timely filing of a request for management evaluation and the subject matter complained of does not include an administrative decision. The Applicant did not seek management evaluation of the final non-selection decision, which was required to contest it. She only requested management evaluation of the decision not to invite her to a competency-based interview.

The Applicant seeks to contest a preliminary step in a selection process, which can only be challenged in the context of a final selection decision. It is a premature contestation of...