Administrative review/management evaluation: Requests for management evaluation are mandatory first steps in the appeal process. Requirement to request for management evaluation for former staff members: Irrespective of whether an applicant is a current or a former staff member of the United Nations, he or she must request a management evaluation, where required, prior to filing his or her application with the Dispute Tribunal. Legal hierarchy and request for management evaluation: Even assuming that staff rule 11.2(a), insofar as it is silent on whether a former staff member must also request...

The Tribunal rejects the Applicant’s request for a joinder of both cases and it dismisses this case as moot.

Jurisdiction: The Tribunal is not competent to examine the lawfulness of a decision made by ECOWAS.

Receivability/administrative decision: Preparatory measures such as the decision not to prepare a work plan for the purpose of appraising a staff member’s performance can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member’s performance appraisal. Rebuttal procedure: It results from ST/AI/2002/3 that a staff member may not challenge before the Tribunal his/her performance rating unless he/she has previously initiated the rebuttal process provided for in this administrative instruction.

Receivability ratione materiae: The Tribunal has jurisdiction to review the Administration’s actions and omissions following a request for investigation submitted pursuant to ST/SGB/2008/5. Definition of harassment: Disagreements on work performance and other work-related issues are per se not excluded from the definition of harassment, and thus from the scope of ST/SGB/2008/5. Requirements to initiate an investigation and standard in appraising them: Section 5.14 of ST/SGB/2008/5 provides for two general criteria for the purpose of launching a fact-finding investigation: (1) that the formal...

Appealable decisions: According to article 2.1(a) of the Statute, a staff member may not contest before the Tribunal a decision which does not affect his or her rights under the staff member’s contract of employment or terms of appointment.Decisions on publication of United Nations documents: Pursuant to former staff rule 112.7 and staff rule 1.9, all rights on documents prepared by a staff member as part of his or her functions following his or her supervisors’ instructions and under their supervision belong to the Organization only. Accordingly, a decision on the publication of such document...

Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...

The Tribunal found that the Applicant had submitted her request for management evaluation nearly three years after the events she was contesting occurred. The Tribunal, therefore, held that any blame for the failure of the Applicant’s case rests firmly at her own door.

Time limit to request management evaluation: Pursuant to art. 8.3 of its Statute, the Dispute Tribunal has no jurisdiction to waive deadlines for management evaluation. Confirmative decisions: Confirmative decisions do not have the effect of reopening time limits for appeal.

Legal representation: An applicant may be represented by counsel before the Tribunal provided the requirements of art. 8.2(c) and art. 12 of the Rules of Procedure are met; in particular, the applicant must formally authorize counsel to represent him/her and adequate information must be provided to the Tribunal on the good standing of counsel. Preparatory decisions: According to well-settled case law of the Dispute Tribunal, preparatory decisions are not subject to appeal. They may only be challenged in the context of an appeal against the final decision.