UNDT/2019/169, Dorra
The Applicant did not raise the refusal to grant an exception to an eligibility criterion for the Applicant to be considered for a continuing appointment in his request for management evaluation, therefore, the application was not receivable. Even if the Tribunal considered that the Applicant was contesting the decision not to grant him a continuing appointment in the present application, the application was not receivable as time-barred. Under staff rule 11.2(c), the statutory time limit for requesting a management evaluation is within 60 days from the notification of the contested decision.
The refusal of the Administration to grant an exception to an eligibility criterion for the Applicant to be considered for a continuing appointment.
The Dispute Tribunal is competent to raise a receivability issue on its own initiative, whether or not it has been raised by the parties. The Dispute Tribunal has no competence to address the allegations not raised in the management evaluation request. The reiteration of a challenge to an administrative decision does not reset the clock with respect to the statutory timelines rather, the time starts to run from the date the original decision was made.