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The Ä¢¹½ÊÓƵDT found that the Applicant's claims concerning the two 2010 decision were time-barred under art. 8.4 of the Ä¢¹½ÊÓƵDT Statute. The Ä¢¹½ÊÓƵDT found that, contrary to his claims, the Applicant had received, in May 2010 and August 2010, management evaluation decisions in response to his requests regarding the refusal to grant special leave and his separation from service. Regarding the 2015 decision not to re-employ the Applicant, the Ä¢¹½ÊÓƵDT found that, having been separated from service in May 2010, and not having contested that separation within the prescribed time limits, the Applicant did not...

The Tribunal issued a summary judgment dismissing the application as premature and not receivable. The Applicant had not waited for the outcome of his request for management evaluation or the expiration of the 30-day time limit for the Management Evaluation Unit to respond to the request.

As results from the evidence and from the Respondent¡¯s submissions, the contested decision consisted in the Ä¢¹½ÊÓƵCB¡¯s recommendation against awarding the Applicant any compensation, which was included in the minutes of Ä¢¹½ÊÓƵCB¡¯s 343rd meeting of 20 February 2014 submitted for the ASG/Controller¡¯s consideration on 4 April 2014.The Tribunal, after reviewing the content of the contested decision, finds that instead of making her own final and reasoned decision on the Applicant¡¯s claim, the ASG/Controller appears to have only signed off on the recommendation made by the Ä¢¹½ÊÓƵCB to deny the claim on 23...

The Respondent submitted that the application was not receivable because the Applicant did not submit a request for management evaluation within 60 days of receiving notification of the contested decision, as required by the Staff Rules. The Respondent produced minutes of four meetings held in June 2014, submitting that in the three of the four meetings, the Applicant was informed that her fixed-term appointment would expire and would not be renewed. The Applicant contested the accuracy of the minutes. A hearing on receivability was held at which each of the participants in the June 2014...

Not receivable ratione materia. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.

The Tribunal rejected the application as non-receivable. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.

The non-disciplinary or administrative measure imposed against the Applicant is unlawful because, at the date of issuance of the contested decision, there was no longer an existing employment contract with the Applicant who was no longer a staff member. Accordingly, the Secretary-General had no longer the authority to impose such a measure.The entire complex process of launching an investigation into allegations of misconduct, instituting a disciplinary process and completing it by issuing the final decision, if any, to impose a disciplinary or non-disciplinary measure against a staff member...

The Tribunal found the application not receivable pursuant to art. 8.1(d)(i) of the Dispute Tribunal¡¯s Statute because it was not filed within 90 days of the Applicant¡¯s receipt of the response to his request for management evaluation.

The Tribunal found that the application, even if it was diligently filed by the Applicant, was premature as the Applicant¡¯s reconsideration request was still pending before the Secretary-General.

Ä¢¹½ÊÓƵDT¡¯s review of OLA¡¯s letter. The Tribunal found that OLA¡¯s letter of 11 August 2015 is not an administrative decision in the form of a settlement provided by the Administration based on OLA¡¯s preliminary review of the Applicant¡¯s claim for gross negligence pursuant to art. 3 of ST/SGB/230 or in a form of an offer to submit the claim to arbitration pursuant to art. 6 from ST/SGB/230. Even if OLA¡¯s letter of 11 August 2015 were to be considered, as submitted by the Applicant, as a response to his ¡°notice of arbitration¡±, the Tribunal would have no competence to review it. As clearly results...