Rule 11.2(b)

  • 9.8(c)
  • Annex I
  • Annex II
  • Annex III
  • Appendix B
  • Appendix C
  • Appendix D
  • Article 3.9(g)
  • Article 4.17(b)
  • Chapter IV
  • Chapter X
  • Chapter XI
  • Disposition 9.6(c)(iii)
  • Provisional Rule 11.1
  • Rule 1
  • Rule 1.1
  • Rule 1.1(c)
  • Rule 1.1(j)
  • Rule 1.2
  • Rule 1.2(a)
  • Rule 1.2(b)
  • Rule 1.2(c)
  • Rule 1.2(d)
  • Rule 1.2(e)
  • Rule 1.2(f)
  • Rule 1.2(g)
  • Rule 1.2(h)
  • Rule 1.2(i)
  • Rule 1.2(j)
  • Rule 1.2(k)
  • Rule 1.2(p)
  • Rule 1.2(q)
  • Rule 1.2(r)
  • Rule 1.2(s)
  • Rule 1.2(t)
  • Rule 1.3
  • Rule 1.3(a)
  • Rule 1.5
  • Rule 1.5(a)
  • Rule 1.5(c)
  • Rule 1.6
  • Rule 1.7
  • Rule 1.9
  • Rule 10
  • Rule 10.1
  • Rule 10.1(a)
  • Rule 10.1(b)
  • Rule 10.1(c)
  • Rule 10.2
  • Rule 10.2(a)
  • Rule 10.2(a)(i)
  • Rule 10.2(a)(ii)
  • Rule 10.2(a)(ix)
  • Rule 10.2(a)(v)
  • Rule 10.2(a)(vii)
  • Rule 10.2(a)(viii)
  • Rule 10.2(b)
  • Rule 10.2(b)(i-iii)
  • Rule 10.2(b)(i)
  • Rule 10.2(b)(iii)
  • Rule 10.2(c)
  • Rule 10.2(vii)
  • Rule 10.3
  • Rule 10.3(a)
  • Rule 10.3(b)
  • Rule 10.3(c)
  • Rule 10.4
  • Rule 10.4 (c) (ii)
  • Rule 10.4(a)
  • Rule 10.5
  • Rule 101.1
  • Rule 101.2
  • Rule 101.2(b)
  • Rule 101.2(c)
  • Rule 101.2(d)
  • Rule 101.2(p)
  • Rule 101.3
  • Rule 101.3(a)
  • Rule 103.12
  • Rule 103.15
  • Rule 103.20(b)
  • Rule 104.11
  • Rule 104.12
  • Rule 104.12(b)(ii)
  • Rule 104.12(b)(iii)
  • Rule 104.12(c)
  • Rule 104.13
  • Rule 104.14
  • Rule 104.14(a)(ii)
  • Rule 104.15
  • Rule 104.15(b)(ii)
  • Rule 104.3
  • Rule 104.3(a)
  • Rule 104.3(b)
  • Rule 104.7
  • Rule 104.7(c)
  • Rule 104.8
  • Rule 105.1(c)
  • Rule 105.2
  • Rule 105.2(a)
  • Rule 105.3
  • Rule 107.20(i)
  • Rule 107.9
  • Rule 108.1
  • Rule 109.1(c)
  • Rule 109.1(c)(i)
  • Rule 109.3
  • Rule 109.4(d)
  • Rule 109.7
  • Rule 109.7(a)
  • Rule 11
  • Rule 11.1
  • Rule 11.1(a)
  • Rule 11.1(c)
  • Rule 11.2
  • Rule 11.2 (c)
  • Rule 11.2 (d)
  • Rule 11.2(a)
  • Rule 11.2(b)
  • Rule 11.2(c)
  • Rule 11.2(d)
  • Rule 11.3
  • Rule 11.3(b)(i)
  • Rule 11.3(c)
  • Rule 11.3(ii)
  • Rule 11.4
  • Rule 11.4(a)
  • Rule 11.4(b)
  • Rule 11.4(c)
  • Rule 11.4(d)
  • Rule 11.4(g)
  • Rule 11.5(d)
  • Rule 110.1
  • Rule 110.2
  • Rule 110.2(a)
  • Rule 110.3
  • Rule 110.4
  • Rule 110.4(b)
  • Rule 110.4(b)(i)
  • Rule 110.7(b)
  • Rule 110.7(d)
  • Rule 111.1
  • Rule 111.2.2
  • Rule 111.2(a)
  • Rule 111.2(a)(i)
  • Rule 111.2(f)
  • Rule 112.2(b)
  • Rule 112.3
  • Rule 12.3
  • Rule 12.3(b)
  • Rule 13.1
  • Rule 13.1(a)
  • Rule 13.1(c)
  • Rule 13.1(d)
  • Rule 13.1(e)
  • Rule 13.1(f)
  • Rule 13.11
  • Rule 13.2
  • Rule 13.4
  • Rule 14
  • Rule 14(b)(ii)
  • Rule 17
  • Rule 2.1
  • Rule 204.2
  • Rule 3.1
  • Rule 3.1(b)
  • Rule 3.10
  • Rule 3.10(a)
  • Rule 3.10(b)
  • Rule 3.11(a)
  • Rule 3.13
  • Rule 3.14
  • Rule 3.14(a)
  • Rule 3.15
  • Rule 3.15(ii)
  • Rule 3.16
  • Rule 3.17
  • Rule 3.17(c)
  • Rule 3.17(ii)
  • Rule 3.18
  • Rule 3.18(a)
  • Rule 3.18(b)
  • Rule 3.18(c)
  • Rule 3.18(c)(ii)
  • Rule 3.18(c)(iii)
  • Rule 3.18(e)
  • Rule 3.19
  • Rule 3.19(a)
  • Rule 3.19(g)
  • Rule 3.2(g)
  • Rule 3.3(a)
  • Rule 3.4
  • Rule 3.4(a)
  • Rule 3.4(e)
  • Rule 3.5
  • Rule 3.6
  • Rule 3.6(a)
  • Rule 3.6(a)(iv)
  • Rule 3.6(b)
  • Rule 3.6(d)
  • Rule 3.7
  • Rule 3.7(c)
  • Rule 3.9
  • Rule 3.9(b)
  • Rule 301
  • Rule 301.3(i)
  • Rule 304.4
  • Rule 309.3
  • Rule 309.4
  • Rule 4
  • Rule 4.1
  • Rule 4.12
  • Rule 4.12(a)
  • Rule 4.12(b)
  • Rule 4.12(c)
  • Rule 4.12(c)
  • Rule 4.13
  • Rule 4.13(a)
  • Rule 4.13(b)
  • Rule 4.13(c)
  • Rule 4.14
  • Rule 4.14 (b)
  • Rule 4.14(b)
  • Rule 4.15
  • Rule 4.16
  • Rule 4.16
  • Rule 4.16
  • Rule 4.16(b)(i)
  • Rule 4.16(b)(ii)
  • Rule 4.17
  • Rule 4.17(c)
  • Rule 4.18
  • Rule 4.18(a)
  • Rule 4.18(c)
  • Rule 4.19
  • Rule 4.2
  • Rule 4.3
  • Rule 4.4
  • Rule 4.4(a)
  • Rule 4.4(b)
  • Rule 4.5
  • Rule 4.5(a)
  • Rule 4.5(b)
  • Rule 4.5(c)
  • Rule 4.5(d)
  • Rule 4.6
  • Rule 4.7
  • Rule 4.7(a)
  • Rule 4.8
  • Rule 4.8(b)
  • Rule 4.9(a)
  • Rule 5.1(e)(ii)
  • Rule 5.2
  • Rule 5.2(c)
  • Rule 5.3
  • Rule 5.3(c)
  • Rule 5.3(e)
  • Rule 5.3(f)
  • Rule 5.3(ii)
  • Rule 6.1
  • Rule 6.2
  • Rule 6.2(a)
  • Rule 6.2(b)
  • Rule 6.2(b)(ii)
  • Rule 6.2(f)
  • Rule 6.2(g)
  • Rule 6.2(j)
  • Rule 6.2(k)
  • Rule 6.2(k)(iii)
  • Rule 6.29b)(i)
  • Rule 6.3
  • Rule 6.3(a)
  • Rule 6.4
  • Rule 6.5
  • Rule 6.6
  • Rule 7
  • Rule 7.1
  • Rule 7.1(a)
  • Rule 7.1(a)(iv)
  • Rule 7.1(b)
  • Rule 7.10
  • Rule 7.14
  • Rule 7.14(d)
  • Rule 7.15
  • Rule 7.15(h)
  • Rule 7.16
  • Rule 7.2
  • Rule 7.4
  • Rule 7.6
  • Rule 8.1
  • Rule 8.1(a)
  • Rule 8.1(f)
  • Rule 8.2
  • Rule 9
  • Rule 9.1
  • Rule 9.1(a)
  • Rule 9.11
  • Rule 9.11 (a) (vii)
  • Rule 9.12
  • Rule 9.2
  • Rule 9.2(a)
  • Rule 9.2(b)
  • Rule 9.2(c)
  • Rule 9.3
  • Rule 9.3(a)(i)
  • Rule 9.3(c)(i)
  • Rule 9.4
  • Rule 9.5
  • Rule 9.6
  • Rule 9.6
  • Rule 9.6 (c)(i)
  • Rule 9.6.(b)
  • Rule 9.6(a)
  • Rule 9.6(b)
  • Rule 9.6(c)
  • Rule 9.6(c)(i)
  • Rule 9.6(c)(ii)
  • Rule 9.6(c)(iii)
  • Rule 9.6(c)(v)
  • Rule 9.6(e)
  • Rule 9.6(f)
  • Rule 9.6(g)
  • Rule 9.6(h)
  • Rule 9.6(i)
  • Rule 9.7
  • Rule 9.7(a)
  • Rule 9.7(b)
  • Rule 9.7(d)
  • Rule 9.8
  • Rule 9.8(a)
  • Rule 9.9
  • Showing 1 - 10 of 65

    The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024, it did not meet the definition of “administrative decision” within the meaning of art. 2.1(a) of the Tribunal’s Statute.

    Because alleged negligence by United Nations officials is not a cause of action available to staff members and is beyond the jurisdiction of the Tribunal, the Applicant could not bring a claim of gross negligence.

    The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024. He was required to request management evaluation within 60 calendar days from...

    The UNAT held that the UNDT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the UNAT found that while a decision to place a note in the former staff member’s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the UNDT should have identified either decision as the contested decision, but erred in following the former staff member’s assertion that a termination decision was taken on 1 April 2022.

    Nevertheless...

    The Tribunal noted that based on the evidence before it and not contested by the Applicant, the sanction letter was issued on 1 July 2022 and the Applicant received it on 5 July 2022. Pursuant to staff rule 11.2(b), disciplinary decisions are not subject to management evaluation. This meant that the Applicant ought to have filed his application no later than Tuesday, 4 October 2022 to comply with the 90-calendar day deadline. He filed his application on 31 January 2024, which was more than a year after the statutory deadline. Accordingly, the Tribunal found the application not receivable ratio...

    Since the ABCC was advised by a technical body its decision does not require management evaluation.

    The Tribunal determined that the application was properly made but it was denied because the Tribunal could find no fault with the decision of the ABBC to deny the Applicant's claim for an entitlement to compensation for injury and illness incurred during and resulting from employment on the behalf of the United Nations.

    The Tribunal noted that the gist of the application, clearly, was against the warning letter and not against the management evaluation in and of its own. The management evaluation request in this case was filed outside the statutory deadlines but above all, was unnecessary. The application against a non-disciplinary measure issued pursuant to staff rule 10.2(b) does not require management evaluation. In this case, pursuant to staff rule 11.4(b), the Applicant ought to have filed his application with the Tribunal within 90 calendar days from the date on which he received notification of the...

    The Tribunal observed that it was not disputed that the impugned decision related to facts anterior to the Applicant’s appointment. Also not in dispute was the fact that no disciplinary process was initiated, and no disciplinary measure was taken against the Applicant. It followed that the impugned decision was not a disciplinary measure but was an administrative decision affecting the Applicant’s contract or terms of appointment under staff rule 11.2(a). Accordingly, the Applicant should have sought management evaluation before filing the application, which he did not do. The Tribunal further...

    UNAT held that UNDT correctly concluded that applications to the UNDT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. UNAT found no merit in the Appellant’s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. UNAT upheld the UNDT’s consideration that in the event of any ambiguity or contradiction between the UNDT Statute and the Staff Rules, the former must...

    UNAT affirmed UNDT’s finding that the staff member’s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the UNDT Statute and Staff Rule 11.2(a). UNAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...

    UNAT considered the appeal by the Secretary-General. UNAT held that despite acknowledging that under UNAT’s jurisprudence, a rebuttal panel is not a technical body, UNDT declined to follow its jurisprudence. UNAT held that UNDT had erred by waiving the management evaluation as a receivability requirement. UNAT held that UNDT exceeded its jurisdiction, and made an error of law when it received an application, which was not receivable ratione materiae. UNAT upheld the appeal was upheld and vacated the UNDT judgment in its entirety.