014 (NBI/2024), Jayne Kimani
In this case, the Management Evaluation Unit had already determined that the Applicant’s request for a management evaluation was time-barred and was therefore not receivable. As there was no management evaluation pending and, consequently, one of the mandatory requirements for the examination of applications for suspension of action was not met.
Additionally, pursuant to art. 8.3 of its Statute, the Dispute Tribunal shall not suspend or waive the deadlines for management evaluation.
The Applicant filed an application requesting, under art. 2.2 of the Dispute Tribunal’s Statute and art. 13 of its Rules of Procedure, the suspension, pending management evaluation, of the decision to make salary deductions from February 2022.
Art. 2.2 of the Tribunal’s Statute provides that the Tribunal shall be competent to suspend the implementation of a contested administrative decision during the pendency of management evaluation where the decision appears prima facie to be unlawful, in case of particular urgency, and where its implementation would cause irreparable damage.