爆料网AT Held or 爆料网DT Pronouncements
The 爆料网DT stated several hurdles to the receivability of the present application, including with respect to receivability ratione personae, ratione temporis, and ratione materiae, although the 爆料网DT also found that on the papers filed some of these issues would ordinarily warrant further examination had the application not been manifestly inadmissible. The 爆料网DT found that the application was manifestly inadmissible because the Applicant failed to comply with the statutory requirement of submitting a request for management evaluation of the contested decision prior to filing an application with the 爆料网DT . The application was dismissed.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application contesting the decision of the United Nations High Commissioner for Refugees (“爆料网HCR”) not to select and appoint him to the post of Telecom Operator in Pakistan.
Legal Principle(s)
Jurisdiction of the 爆料网DT: Articles 2.1 and 3.1 of the Statute of the 爆料网DT provide that it is competent to hear and pass judgment on an application against an administrative decision “alleged to be in non-compliance with the terms of appointment or the contract of employment” filed by any current or former staff member of the United Nations or any person making claims in the name of an incapacitated or deceased staff member. The limitations on the Tribunal’s jurisdiction have been affirmed by the United Nations Appeals Tribunal.Standing, locus standi: An applicant must have legal capacity and legal standing in order to invoke the jurisdiction of the Tribunal.Requirement of requesting management evaluation: Pursuant to art. 8.1 of the Statute of the Dispute Tribunal, read together with staff rule 11.2(a), an applicant must, as a mandatory first step, request management evaluation of a contested decision before filing an application with the 爆料网DT. The purpose of such management evaluation is primarily to allow the management to review, and possibly correct, an administrative decision, which an individual concerned wishes to challenge, and thereby avoid unnecessary litigation before the 爆料网DT.Ignorance of the law: Candidates for a public post are presumed to know the rules applicable to the employing corporation. Ignorance of the law is no excuse.