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The Tribunal found that the Applicant first became aware that something was amiss in the recruitment process on 29 February 2008 when he was told that a “hold had been put on” the issuance of his letter of appointment by the SRSG. Subsequently, the Applicant was aware of the decision to appoint another candidate to the position in question in June 2008. Still later, in April 2009, and from the Applicant’s own; submissions, while in New York, he received what he called a “verbal apology” (for the way things turned out) from the Assistant Secretary-General for ��ż���keeping Operations. The...

The Respondent contends that the application is not receivable because the Applicant did not exhaust the administrative process of seeking reconsideration of her claim pursuant to art. 17 of Appendix D to the Staff Rules. The Tribunal found that the application was receivable as the Respondent’s contention is not supported by a proper interpretation of art. 17.

The UNDT found no grounds for excusing the Applicant from his obligation to first request management evaluation before filing his application with the Dispute Tribunal.

The UNDT found that the application was not receivable as the Applicant had failed to take the mandatory first step of requesting management evaluation of the contested decision. However, it observed that while failure to request management evaluation denies the Applicant access to the Tribunal’s jurisdiction at present, the Applicant was never formally notified in writing of the administrative decision or the reasons therefore. Furthermore, the Tribunal noted that the situation in this case arose through an alleged mistake of the Administration and through no fault of the Applicant.

The UNDT found that the Applicant contested the administrative decision after the 60 day deadline for requesting a management evaluation had passed. Her Application was therefore not receivable as the Tribunal is not competent to extend the deadline for a request for management evaluation.

As consistently held by UNAT, the Dispute Tribunal has no jurisdiction to waive deadlines for management evaluation or administrative review. Time limits prescribed for administrative review (and management evaluation under the new system), which could be waived under the previous system, cannot be waived under article 8.3 of the Statute of the Dispute Tribunal, due to a specific prohibition in this respect contained in article 8.3.

Requests for management evaluation are mandatory first steps in the appeal process.Outcome: Application rejected on receivability

Receivability/administrative decision: It would be inconsistent with its standard of review to allow the Tribunal to interfere with the review of a performance appraisal before the rebuttal process has been finalised.

Administrative review/management evaluation: Requests for management evaluation are mandatory first steps in the appeal process. Requirement to request for management evaluation for former staff members: Irrespective of whether an applicant is a current or a former staff member of the United Nations, he or she must request a management evaluation, where required, prior to filing his or her application with the Dispute Tribunal. Legal hierarchy and request for management evaluation: Even assuming that staff rule 11.2(a), insofar as it is silent on whether a former staff member must also request...

Receivability/administrative decision: Preparatory measures such as the decision not to prepare a work plan for the purpose of appraising a staff member’s performance can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member’s performance appraisal. Rebuttal procedure: It results from ST/AI/2002/3 that a staff member may not challenge before the Tribunal his/her performance rating unless he/she has previously initiated the rebuttal process provided for in this administrative instruction.