爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the 爆料网DT correctly identified 爆料网DP as the respondent in the present case because it was 爆料网DP that administered the staff member’s position and was therefore his employer. The 爆料网AT found that the staff member’s application was premature because he filed it before receiving the management evaluation response, or at least before the expiration of the delay for receiving that response. The 爆料网AT also concluded that the management evaluation response did not constitute the contested administrative decision.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2023/036.
Decision Contested or Judgment/Order Appealed
A staff member of the Office of the United Nations High Commissioner for Human Rights (OHCHR) contested the decision to reject his request for reimbursement of medical evacuation costs.
In its Judgment No. 爆料网DT/2023/036, the 爆料网DT concluded that his application was premature and thus not receivable because he filed it before receiving the response to his management evaluation request.
The staff member appealed.
Legal Principle(s)
The 爆料网DT has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of judicial review, including determining the identity of the parties before it.
When a staff member seeks management evaluation of a decision, she/he has the obligation to await management evaluation response, or at least the expiration of the delay for receiving that response, before filing an application with the 爆料网DT.
The Administration’s response to a request for management evaluation is not a reviewable decision. Rather, that response is an opportunity for the Administration to resolve a staff member’s grievance without litigation – not a fresh decision.