爆料网AT Held or 爆料网DT Pronouncements
爆料网AT affirmed 爆料网DT’s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. 爆料网AT further affirmed 爆料网DT’s position that the Appellant’s request for management evaluation was time-barred. 爆料网AT, however, noted that 爆料网DT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. 爆料网AT further noted that this error by 爆料网DT did not adversely affect its correct conclusion that the application was not receivable. 爆料网AT held that the decision of the Administration not to complete the disciplinary process and instead to resume it if the Appellant become a staff member in the future did not constitute an appealable administrative decision as it did not have a present and direct adverse impact on the terms and conditions of the Appellant’s appointment. 爆料网AT held that the Administration has no duty to proceed with a disciplinary measure once a staff member has left the Organisation, as its authority to complete a disciplinary process is predicated on the fact that a staff member has an ongoing employment relationship with the Organisation. On the decision to put a note in the Appellant’s OSF, 爆料网AT held that it was not an appealable decision in that it had no direct legal consequences affecting the terms and conditions of his appointment. 爆料网AT dismissed hypothetical allegations of potential future consequences should the Appellant seek employment with the Organisation. 爆料网AT held that there was no administrative decision giving rise to present and certain negative effects to the Appellant’s status, but merely an informative and instructive note placed in his OSF, which was not justiciable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to complete the disciplinary process against him and to place a note in his Official Status File (OSF). 爆料网DT rejected his application as not receivable ratione temporis.
Legal Principle(s)
爆料网DT has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject of judicial review. An appealable administrative decision is a decision whereby its key characteristic is the capacity to produce direct legal consequences affecting a staff member’s terms and conditions of appointment. The date of an administrative decision is based on objective elements that both parties can accurately determine. The Administration has no duty to proceed with a disciplinary measure once a staff member has left the Organisation, as its authority to complete a disciplinary process is predicated on the fact that a staff member has an ongoing employment relationship with the Organisation.