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While in her application she refers to a broad spectrum of decisions, only one of them¡ªthe decision not to grant her ASHI¡ªwas the subject of a request for management evaluation. The Tribunal found, accordingly, that the application with respect to issues which were not previously subjected to management evaluation was not receivable, ratione materiae. With respect to the denial of ASHI, the Tribunal noted that the Applicant had been first notified of the contested decision on 1 May 2014. Due to ongoing discussions, the Applicant filed her request for management evaluation only on 18 July 2014...

Receivability - The Application was found to be receivable. Contrary to the Respondent¡¯s submissions, the application was required to be submitted by 9 November 2014 and not by 9 October 2014, which would have afforded the Applicant only 60 calendar days instead of the 90 days stipulated in staff rule 11.4(a).

The Tribunal found the application to be irreceivable, considering that the responsibility to pursue a case remains with the applicant and that, even when he learnt that no (timely) management evaluation had been requested in his case, he took four additional months to submit such request.

The Tribunal noted that, in fact, the selection procedure for the post had never been completed: a revised vacancy announcement (VA) for the same post was later re-advertised and the recruitment process was still pending. The Tribunal considered that the second VA was a continuation of the same selection process, for which a final decision had still to be made, hence the application was rejected as irreceivable as it was premature.

The Tribunal considered that the application was not receivable on the grounds that the Applicant failed to request management evaluation of the contested decision prior to filing his application before the Tribunal.

The Tribunal found that the Applicant had requested management evaluation and concluded that the Application is receivable. Implied decision - The Tribunal found that the 90-day waiting period for a written response to the Applicant¡¯s request was reasonable and that the ASG/OHRM¡¯s failure to respond within 90 days constituted an appealable implied administrative decision. Thus, the ASG/OHRM¡¯s written decision of 27 February 2015 was not a separate administrative decision but merely a reiteration and explanation of her implied decision. Receivability - The Tribunal found that after waiting for...

The Tribunal found that a final decision had been taken on 27 September 2013 by the Registrar and notified to the Applicant on 14 October 2013 and that by filing a request for management evaluation only on 23 June 2014, the application was irreceivable, ratione materiae.

The Tribunal found that none of the alleged flaws was substantiated.

The Tribunal found that a fundamental procedural flaw had occurred since the same staff member had fulfilled the roles of both the Applicant¡¯s first and second reporting officers. However, no financial compensation was warranted, as the Applicant did not demonstrate that he sustained any material or moral damage stemming from this breach.

Receivability - The Application was found to be manifestly inadmissible. The Dispute Tribunal does not have the jurisdiction to revise a judgment after the Appeals Tribunal has ruled on the same matter. The request filed by the Applicant did not fulfil the statutory requirements and constituted, in fact, a disguised way to attempt to re-open the case. Abuse of Process - Article 10.6 of the Statute of the Dispute Tribunal stipulates that where a party has manifestly abused the proceedings before it, costs may be awarded against the offending party. The Tribunal found that the Applicant had...