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±¬ÁÏÍøAT agreed that the time limit for requesting management evaluation against an administrative decision starts once a staff member has been notified of the decision in writing and in clear and unequivocal terms, which in this case was 18 September 2018. ±¬ÁÏÍøAT also agreed that the subsequent communications were mere reiterations of the prior decision, and a staff member cannot reset the time for management review by asking for a confirmation of an administrative decision that was communicated to him earlier. The date cannot be unilaterally set by the staff member, and as such, it cannot be the...

Regarding Contested Decision #1, ±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, ±¬ÁÏÍøAT also agreed with ±¬ÁÏÍøDT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, ±¬ÁÏÍøAT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, ±¬ÁÏÍøAT observed that there was no evidence that the staff member ought to have been appointed to the post in...

The Applicant¡¯s challenge of his non-renewal is not receivable as no administrative review of this decision was sought. The Respondent failed to reasonably exercise the discretion to withhold or modify the Investigation Report (and Executive Summary). The parties will be directed to make submissions on appropriate relief.

MEU¡¯s decision was issued one month after the deadline for its issuance. ±¬ÁÏÍøDT held that the Applicant could not be penalized for MEU being dilatory in its obligations. ±¬ÁÏÍøDT held that this matter must properly be found to be receivable. ±¬ÁÏÍøDT refused the Respondent¡¯s request to have the Application dismissed on grounds of receivability.

Since the receivability of an application is a question of law, the Tribunal considers that it is appropriate to make use of art. 9 of its Rules of Procedure, and to decide on the application by way of summary judgment, without transmitting it to the Respondent. Upon taking up her functions as a Programme Management Officer at ±¬ÁÏÍøFCCC on 8 November 2012, the Applicant knew about her step in grade, as per her offer of appointment of 24 September 2012. Since the Applicant filed her request for management evaluation against the determination of her step upon recruitment with ±¬ÁÏÍøFCCC four years...

The Tribunal found that the Applicant was notified of the contested decision on 7 June 2017. In accordance with the time-limits provided by staff rule 11.2(c ), the Applicant had until 6 August 2017 to submit his request for management evaluation. Rather, the Applicant submitted his request on 21 August 2017. Accordingly, his request was timebarred and his application before the Tribunal not receivable ratione materiae. Consequently, the application was dismissed.

±¬ÁÏÍøDT noted that the Applicant had all the information necessary to seek management evaluation of the contested decisions and that the time limit for seeking management evaluation started running on 31 March 2018, which meant that the 60-day deadline for submitting a management evaluation request was 30 May 2018. The Applicant sought management evaluation of the decisions only on 29 June 2018, 29 days out of time. ±¬ÁÏÍøDT agreed with the Respondent that the Applicant¡¯s claim that she was unable to ¡°deal with the issue until she was released from the medical facility¡± on 28 May 2018 was unsupported...

±¬ÁÏÍøDT held that the Application was not receivable because it was not filed on time. ±¬ÁÏÍøDT noted that the Applicant had until 14 October 2018 to file his application with ±¬ÁÏÍøDT and he did not do so until 7 November 2018. ±¬ÁÏÍøDT dismissed the application as not receivable.

The Tribunal concluded that the application was not receivable both ratione temporis and ratione materiae. With regard to ratione temporis, the Tribunal noted that the Applicant became aware of the contested decision on 31 May 2019. She then ought to have requested management evaluation by 30 July 2019. She however, submitted her request on 30 December 2019, five months late, and outside the 60-day period. The Tribunal thus held that her request for management evaluation was time-barred and therefore, the application was not receivable. The Tribunal emphasized that it was not competent to...