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Award of allowances: The award of an allowance is contingent upon the existence of a written text. The fact that, in breach of the applicable provisions, the Administration granted the end-of-service allowance to staff members who were in the same situation as the Applicant cannot serve as a basis for awarding the allowance to her. Applicability of national laws: National legislations are not directly applicable to UN staff members, and it is for UN authorized bodies to implement such legislation into the internal laws of the UN. Judicial review: The Tribunal has no jurisdiction to interpret...

Appealable administrative decision: Both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on the Tribunal’s website are matters of internal organization which do not constitute acts adversely affecting staff members’ rights.

Receivability – Outcome of management evaluation: Except in the case foreseen in article 8.1(d)(i)b of the Tribunal’s Statute, Applicants have to await the outcome of the management evaluation process before filing an application with the Tribunal.

Standard of review for interpretation (1): A request for interpretation of a judgment is receivable only if the operative part of it gives rise to uncertainty or ambiguity about its meaning or import.Standard of review for interpretation (2): It would be contrary to the letter and spirit of article 12.3 of the Tribunal’s Statute to seek a reversal or modification of a final judgment under cover of interpretation. The correctness of a judgment is not a matter to be dealt with in this framework, as interpreting, by definition, means shedding light on the original meaning, as opposed to altering...

Receivability/administrative decision: Preliminary steps such as the choice of a legal basis for a staff member’s performance appraisal or the capacity in which a reporting officer signs off on a performance appraisal 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.

Obligation to take action under ST/SGB/2008/5: The Administration’s obligation to take prompt and concrete action under section 5.3 of ST/SGB/2008/5 is not limited to formal complaints or reports but also extends to “allegations” of prohibited conduct. Scope of application of ST/SGB/2008/5: Comments made in the context of a staff member’s performance appraisal could in some circumstances fall under ST/SGB/2008/5. For example, harsh criticism unsupported by examples or the use of offensive language could constitute improper conduct that might reasonably be expected or be perceived to cause...

The Respondent is in breach of the first order for suspension of action (UNDT/2012/029) – merely providing a different reason for the non-renewal does not obviate the need to abide by the original order.

Receivability/administrative decision: It would be inconsistent with its standard of review to allow the Tribunal to interfere with the review of a performance appraisal before the rebuttal process has been finalised.

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...