Subject matter (ratione materiae)

The UNAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The UNAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The UNAT concluded that the UNDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The UNAT was of the view that it was unclear what Covid-19...

The UNAT found that the staff member had filed his appeal more than a year after the issuance of the UNDT Judgment and even if he had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred and not receivable ratione temporis.

The UNAT nevertheless noted that the staff member’s application filed with the UNDT was not receivable under the doctrine of res judicata because the UNAT had already affirmed in its earlier judgment a UNDT judgment deciding his challenge to the same administrative decision.

The UNAT found that the staff member sought to...

The Tribunal held:

a. Some of the contested decisions were manifestly irreceivable as already determined by the Tribunal in Likukela Order No. 161 (NBI/2024) and Likukela UNDT/2025/006. These matters would not be considered again by the Tribunal in accordance with the doctrine of res judicata.

b. The claims regarding the alleged theft of the Applicant's wages, lack of a legal basis for recovery of her final pay and illegally withholding her final pay were not receivable ratione materiae for failure to file a timely request for management evaluation.

c. The claim alleging prevention of the...

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The Respondent argued that the discontinuation of the Applicant’s position was distinct from the non-renewal of his position. The Tribunal rejected this argument. The Tribunal found that the decision-maker linked the discontinuation of the Applicant's post with the non-renewal. The Tribunal held that the discontinuation and non-renewal were inextricably interrelated and therefore the application was receivable. The Respondent’s argument that the claim was not receivable ratione temporis was rejected.

The Respondent’s distinction, while perhaps academically correct, would make receivability no...

The Court found that the Applicant failed to demonstrate the existence of exceptional circumstances or factors beyond his control that prevented him from filing a timely application for enforcement of the Settlement Agreement (see, e.g., Gelsei 2020-UNAT-1035, paras. 19-24).

In any event, the Trtibunal considered that a period of six and a half years to request enforcement was excessive.

The Tribunal has no jurisdiction to determine this application on the merits as it challenges a decision that was not submitted for management evaluation in a timely manner. The application is therefore not receivable ratione materiae.

The Applicant’s contention in respect of his putative privileges and immunities as a staff member of the United Nations is misconceived. Section 20 of the Convention on the Privileges and Immunities of the United Nations is clear: Privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the...

The Tribunal found that the 29 February 2024 decision constituted a fresh administrative decision and not a mere reiteration of the 9 August 2023 decision as argued by the Respondent.

Just as a staff member may not reset the clock by repeatedly questioning the original decision, the Organization may not freeze the clock and deprive a staff member of their right to a new decision based on new circumstances.

The substantive issue in this case was whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements. The Tribunal found that the...

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...