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 legality of this decision was ruled upon by this Tribunal and, in appeal, by the Appeals Tribunal; it is thus res judicata. Supposedly, the Applicant sought to contest a new decision taken on the same issue in June 2014 (after the decision was remanded to the ASG/OHRM pursuant to the ±¬ÁÏÍøAT judgment). However, this decision was not even mentioned in the application form submitted to the Tribunal or in any of the annexes listed therein.
The ±¬ÁÏÍøDT found that there was change of official duty station and that, as a result, the application of Entebbe¡¯s post adjustment rate and payment of DSA for only 30 days were lawful. The Tribunal also dismissed all the other Applicant¡¯s contentions. As a preliminary matter, the Tribunal examined the receivability of the application given that the parties disagreed on the date on which the Applicant ought to have known of the decision. The Tribunal found that the application was receivable. Receivability ¨C Notification of an administrative decision: The Administration is obliged to communicate...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...
