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The Applicant was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the ±¬ÁÏÍøDT. He did not.

For an application to be considered receivable by the Tribunal, it is essential that the Applicant distinctly identifies the specific administrative decision being contested. This requirement is stipulated under art. 2.1 of the Tribunal¡¯s Statute, which outlines the parameters within which the Tribunal exercises its jurisdiction. The clarity in pinpointing the contested decision ensures that there is a concrete basis for the Tribunal to examine the claims and assess any alleged violations of employment terms.

Under the circumstances, the Tribunal finds that it is hamstrung by the lack of...

Considering the above jurisprudence, the Tribunal determines that the Applicant must demonstrate: (a) that the contested decisions were specifically addressed to him on an individualized basis and that they were not of general application to other staff members, and (b) that it was the Administration which took the decisions and not some other entity or person outside the United Nations.

The provisions of ST/SGB/2019/8, on which the Applicant seeks to base his claim are only enforceable against persons, and not governments. The Tribunal therefore has no jurisdiction to adjudicate complaints...

The Applicant in this case was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the ±¬ÁÏÍøDT. The Applicant appears to have misunderstood what constitutes a ¡°management evaluation request¡±. He assumed that querying the process with the hiring manager, and later, the Mission¡¯s Chief of Staff, constitutes ¡°management evaluation¡± for the purposes of proceedings before the ±¬ÁÏÍøDT. It does not.

With respect to the alleged discriminatory and arbitrary application of ICAO Staff Rule 105.3 regarding overtime, the Appeals Tribunal was satisfied that the Appeals Board had made no error in finding that Mr. Alvear had failed to identify any specific appealable administrative decision, and that it therefore did not err in dismissing his application.

Turning to Mr. Alvear¡¯s complaint that he did not receive the desk audit classification results for his position, the Appeals Tribunal found that the ICAO Appeals Board did err in finding the application not receivable since the Administration¡¯s...

The Appeals Tribunal found, in relation to the first application, that Ms. Said has produced no evidence of harm, much less of harm caused by an illegality, and therefore the request for damages was denied.

As to the second application, the Appeals Tribunal found that the investigation had been closed with no action taken, and no adverse material from that investigation had been placed in Ms. Said¡¯s Official Status File. In the absence of an appealable administrative deciison, the Appeals Tribunal was satisfied that the ±¬ÁÏÍøRWA DT was correct in finding that the second application was not...

The Appeals Tribunal found that the ±¬ÁÏÍøDT correctly dismissed Mr. Salon¡¯s application as not receivable on grounds that he had failed to establish that an appealable administrative decision had been taken by the Organization and that in any event, he had failed to request management evaluation.

The Appeals Tribunal found, in relation to Mr. Qasem¡¯s exclusion from consideration for the Acting Head position, that the ±¬ÁÏÍøRWA DT erred in finding Mr. Qasem¡¯s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem¡¯s application from consideration, this irregularity had no impact on the selection decision. Considering Mr. Qasem¡¯s performance, administrative and...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT correctly identified ±¬ÁÏÍøDP as the respondent in the present case because it was ±¬ÁÏÍøDP that administered the staff member¡¯s position and was therefore his employer. The ±¬ÁÏÍøAT 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 ±¬ÁÏÍøAT also concluded that the management evaluation response did not constitute the contested administrative decision.

The ±¬ÁÏÍøAT dismissed the appeal and affirmed Judgment No. ±¬ÁÏÍøDT/2023/036...

The ±¬ÁÏÍøAT held that, Mr. Lago¡¯s reliance on additional evidence without filing a motion, was inadmissible.

The ±¬ÁÏÍøAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored. Additionally, Mr. Lago¡¯s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision.

The ±¬ÁÏÍøAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...