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Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

The Tribunal found that the Applicant did not file a request for management evaluation prior to the filing of his application. Therefore, his application was dismissed as manifestly not receivable.

Receivability ratione personae: The Tribunal is not competent to hear applications filed by a (former) individual contractor, who was not a staff member, a former staff member or a person making claims in the name of an incapacitated or deceased staff member; such an application is not receivable, ratione personae.Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has timely requested management evaluation. Failure to file a timely request for management evaluation, when required, makes the...

The Ä¢¹½ÊÓƵDT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The Ä¢¹½ÊÓƵDT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the Ä¢¹½ÊÓƵDT Statute. The Ä¢¹½ÊÓƵDT rejected the application as not receivable ratione materiae.

The Tribunal found that by filing her request for management evaluation only on 21 April 2015, the Applicant failed to respect the 60 day time limit under staff rule 11.2(c), which started to run as of 5 January 2015, the day of her signature of the letter of appointment. Subsequent responses from OHRM in response to queries from the Applicant were merely confirmative decisions of the original decision of 5 January 2015. The Tribunal found the application irreceivable, ratione materiae.

The Tribunal found the application to be irreceivable, ratione materiae, since the Applicant failed to file a timely request for management evaluation.

Consolidation of applications: The Tribunal concluded that consolidation would not have any effect on the parties¡¯ rights as the two applications are virtually identical and each party will have the opportunity to have its case fully considered both as to receivability and on the merits albeit in one judgment. Receivability of the classification decision: Noting that Fuentes Ä¢¹½ÊÓƵDT-2010-064 and Fuentes 2011-Ä¢¹½ÊÓƵAT-105 confirm that a failure to decide an appeal against classification of a post encumbered by the Applicant is an administrative decision which may be subject to review by the Tribunal...

Receivability: Confirmative decisions do not reset the clock with respect to statutory time limits; however, if, despite having issued an earlier decision denying benefits, 1) the Organization undertakes a new verification procedure under the terms of the applicable rules at the time of said earlier decision (in this case ST/SGB/2013/4), 2) that process is not finalized, and 3) a subsequent decision denying benefits is taken under a new set of rules (in this case ST/SGB/2003/14/Rev. 1), the latter decision constitutes a new, final decision, and statutory time limits start to run anew. Non...