UNDT/2015/003, Mehrabi
Although requested by the Registry to file supporting documentation, including the contested decision and a request for management evaluation, the Applicant did not provide it. The Tribunal declared the application non-receivable, since it was not directed against an administrative decision as per the terms of Tribunal’s Statute, and the Applicant had not submitted the contested decisions for management evaluation.
The Applicant, a staff member of the United Nations Assistance Mission in Afghanistan (“UNAMA”), contests negative comments about his performance and the recommendation to terminate his contract with UNAMA that he alleges to have received from his supervisor.
Receivability: Negative comments in the framework of a performance evaluation and a recommendation for termination of an appointment do not constitute administrative decisions for the purpose of the Tribunal’s Statute, since they do not carry direct legal consequences. Summary judgment: Matters of law may be adjudicated by the Tribunal even without serving the application to the Respondent for the reply and even if they were not raised by the parties. The Tribunal may at its own initiative decide on issues of receivability by way of summary judgment, in accordance with art. 9 of its Rules of Procedure.