爆料网AT Held or 爆料网DT Pronouncements
The Respondent submitted that the application was not receivable as the decision of 31 August 2011 was a reiteration of the decision given to the Applicant on 30 March 2009, before Sprauten 爆料网DT/2011/094. The 爆料网DT found that the decision of 31 August 2011 was made, or should have been made, pursuant to the directions and order of the Tribunal in Sprauten 爆料网DT/2011/094 (see paras. 87–88), and it thus cannot be viewed as a mere reiteration of the decision dated 30 March 2009. The purpose of the Tribunal’s order in para. 87 of Sprauten 爆料网DT/2011/094 was to direct the Administration to make a new administrative decision regarding the Applicant’s entitlement to a standard enhanced separation package, taking into account relevant factors and considerations. Thus, the decision of 31 August 2011 constituted a separate administrative decision. The 爆料网DT further noted that para. 88 of Sprauten 爆料网DT/2011/094 specifically stated that the order in para. 87 of that Judgment was “without prejudice to the Applicant in later filing an appeal of the determination of the Respondent on termination indemnity, if necessary”. The 爆料网DT found that that order was not vacated by the Appeals Tribunal, and it was clearly the basis upon which the Applicant was pursuing this case. Administrative decision made pursuant to Tribunal’s order: The purpose of the Tribunal’s order in para. 87 of Sprauten 爆料网DT/2011/094 was to direct the Administration to make a new administrative decision regarding the Applicant’s entitlement to a standard enhanced separation package, taking into account relevant factors and considerations. Thus, the decision of 31 August 2011 constituted a separate administrative decision that the Applicant now contests.
Decision Contested or Judgment/Order Appealed
The Applicant, a former staff member of the United Nations Office for Project Services (“爆料网OPS”), filed an application contesting the decision not to pay him a termination indemnity after his separation from 爆料网OPS. This decision was communicated to the Applicant on 31 August 2011 by the 爆料网OPS General Counsel in compliance with Sprauten 爆料网DT/2011/094, which ordered, inter alia, that 爆料网OPS determine by 1 September 2011 “whether [the Applicant] was wrongly deprived of a standard enhanced separation package of 18 months’ net base salary”.
Legal Principle(s)
Receivability as a preliminary issue: The Tribunal may consider the receivability of an application as a preliminary issue. Should the Tribunal find an application not receivable, it will dismiss this application and not proceed with the consideration of the merits of the case before it.