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Management evaluation: The Applicant requested management evaluation of each of the administrative decisions that he challenged before the Tribunal. Mediation: the Tribunal found that mediation was sought by the Respondent regarding the proposed disciplinary measure of demotion but the discussion between the Applicant and the ombudsman, went beyond the scope of the demotion. Mediation was sought within the deadline for filing the Application. The time for filling an Application starts from the date when mediation breaks down therefore the application was filed within the applicable time limits...

Appealable administrative decision: Both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on the Tribunal¡¯s website are matters of internal organization which do not constitute acts adversely affecting staff members¡¯ rights.

Starting date of the 90-day time limit to file an application: The Ä¢¹½ÊÓƵDT Statute prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration¡¯s response to the request for management evaluation. If the Administration replies after the response period for the management evaluation but before the expiry of the 90-day period, the 90-day period to file an application before the Tribunal starts running again from the date the response is given. Evaluation criteria: It is clear from ST/AI/2006/3/Rev.1 and the Guidelines for programme case...

Receivability: For an application to be receivable, it must clearly identify the contested decision and be preceded by a request for management evaluation, where management evaluation is required.

The Tribunal noted that the Respondent was challenging the receivability of the application based on two notifications to the Applicant i.e. the email of 22 March 2010 and the letter of 21 October 2010. With regard to the email of 22 March 2010, the Tribunal held that the email was a mere request or a piece of advice to the Applicant with regard to the permanent residency policy, and not an administrative decision. The Administration was merely advising or requesting further information from the Applicant in order to be in a position to process and presumably finalise the two year appointment...

Judicial review of disciplinary cases: It was not required or expected of the staff members under the former system of justice to file separate appeals regarding each intermittent stage of the disciplinary process. It is impossible to artificially split the disciplinary process into separate stages after its completion and file separate appeals with the Tribunal with respect to each stage, expecting that they would be considered piece-meal. Moreover, even if that were possible, the Applicant would have been required to submit separate appeals to the JDC or file separate requests for...

The Tribunal held that the Applicant had failed to request a review under former staff rule 111.2(a) and, given Jennings, the Tribunal could not waive the time limit even if it wished to. In any event the Application was well out of time, the strict rule being that an application shall not be receivable if it is filed more than three years after the applicant¡¯s receipt of the contested administrative decision, as per article 8.4 of the Statute.

Receivability ratione materiae: The Tribunal has jurisdiction to review the Administration¡¯s actions and omissions following a request for investigation submitted pursuant to ST/SGB/2008/5. Definition of harassment: Disagreements on work performance and other work-related issues are per se not excluded from the definition of harassment, and thus from the scope of ST/SGB/2008/5. Requirements to initiate an investigation and standard in appraising them: Section 5.14 of ST/SGB/2008/5 provides for two general criteria for the purpose of launching a fact-finding investigation: (1) that the formal...

Appealable decisions: According to article 2.1(a) of the Statute, a staff member may not contest before the Tribunal a decision which does not affect his or her rights under the staff member¡¯s contract of employment or terms of appointment.Decisions on publication of United Nations documents: Pursuant to former staff rule 112.7 and staff rule 1.9, all rights on documents prepared by a staff member as part of his or her functions following his or her supervisors¡¯ instructions and under their supervision belong to the Organization only. Accordingly, a decision on the publication of such document...

Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...