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Ä¢¹½ÊÓƵDT held that the application was receivable because the time limit for management evaluation had not yet expired and management evaluation was still pending. Ä¢¹½ÊÓƵDT took note of the findings of the JAB Panel, which recommended suspension of action following the Applicant¡¯s request to this end dated 22 June 2009, and of the Deputy Secretary-General¡¯s memorandum by which such suspension was granted. Ä¢¹½ÊÓƵDT noted that both the Panel and the Secretary-General came to the conclusion that the questioned decision was prima facie unlawful and that the Applicant¡¯s reassignment, if implemented, would...

A request for an administrative review or management evaluation is mandatory with the exception of disciplinary cases. It is clear from the applicant¡¯s submissions that he was well aware that the decision to stop the payment of his salary and the decision not to renew his appointment are two distinct administrative decisions. The applicant failed to request an administrative review or management evaluation of the decision not to pay his salary. Outcome: The application is not receivable.

The Respondent submits that the contested decision was expressed in a letter dated 3 August 2001 and the claim is therefore time-barred as the Applicant¡¯s request for administrative review, dated 2 May 2005, was filed out of time. The Applicant avers that her application is receivable as the final decision subject to appeal was expressed in the letter of the High Commissioner for Human Rights dated 30 March 2005. Ä¢¹½ÊÓƵDT found that the contested decision was made on 3 August 2001 and that the Applicant was notified of it, at the latest, on or before 15 April 2002. Ä¢¹½ÊÓƵDT found that the Applicant...

Ä¢¹½ÊÓƵDT found that the Applicant did not challenge the non-renewal of her contract in a timely manner and also did not rebut her final e-PAS rating as partially meeting expectations, which rating must be accepted by Ä¢¹½ÊÓƵDT as final. Ä¢¹½ÊÓƵDT found that the Applicant was aware, during her employment, of the criticisms concerning her performance and that it would have been reasonable for her to conclude that performance-related factors may have been considered by the Administration in deciding not to renew her contract. Ä¢¹½ÊÓƵDT found that under Costa 2010-Ä¢¹½ÊÓƵAT-036 it does not have the power to waive or...

The Ä¢¹½ÊÓƵDT found that the Applicant failed to satisfy the requirements of irreparable damage and particular urgency. The application for suspension of action was rejected.

Ä¢¹½ÊÓƵDT held that the application was irreceivable because the Applicant failed to submit his request for management evaluation in due time. Ä¢¹½ÊÓƵDT rejected the application for suspension of action.

Ä¢¹½ÊÓƵDT noted that the Applicant exceeded the mandatory time limit for requesting management evaluation of the contested decision. Ä¢¹½ÊÓƵDT held that the application was irreceivable as time-barred. Ä¢¹½ÊÓƵDT rejected the application.

On 31 December 2010 the Tribunal granted suspension of action pending management evaluation, pursuant to Order No. 338 (NY/2010). Ä¢¹½ÊÓƵDT held that it was evident that the decision not to renew the Applicant was influenced by at least some improper considerations that, as a result, it was satisfied of the prima facie unlawfulness of the decision. Ä¢¹½ÊÓƵDT also held that the situation held particular urgency. Ä¢¹½ÊÓƵDT further held that, given the criticisms made of the Applicant¡¯s performance, it was reasonable to conclude that if the contested decision was not suspended, irreparable harm to the Applicant...

The ends of justice are not served but its processes stultified by requiring that an Applicant who had obtained judgment in his/her favour should seek management evaluation for enforcement or execution of the said judgment. An Applicant who refused to accept a cheque made out to her/him in time in fulfilment of a judgment sum cannot turn around to seek payment of interest on the said judgment sum on the grounds of delay. Having found that the monies awarded to the Applicant have been duly paid, the Tribunal rejects the Application in its entirety.

The Tribunal rejected the application as time-barred because the Applicant had failed to request management evaluation of the contested decision within the established time limit. Authority of the Tribunal to waive the deadlines for management evaluation: The Appeals Tribunal held in several judgments that pursuant to article 8.3 of its Statute, the Dispute Tribunal has no authority to waive the deadline for management evaluation, including where exceptional circumstances may have prevented the staff member from complying with the deadline. Authority of the Secretary-General to waive the...