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Having received the management evaluation response on 25 October 2022, the Applicant had 90 days to file an application in accordance with art. 8(1)(d)(i)(a) of the UNDT Statute, that is, by 23 January 2023, but failed to do so. Therefore, insofar that the application is premised on the management evaluation response of 25 October 2022, it is not receivable ratione temporis. 

In respect to the 4 October 2022 decision, the Applicant did not request management evaluation of said decision and the application is therefore not receivable ratione materiae.

To the extent that the Applicant received...

This application is not receivable ratione materiae because the management evalulation request was time-barred.

The application is dismissed.

The Tribunal chose to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. The Tribunal recalled that under art. 8.1(c) and 8.1(d)(i) of the Tribunal’s Statute, a substantive application is receivable if the contested decision has been submitted for management evaluation and the application is filed within 90 calendar days of the applicant’s receipt of the response by management to his or her submission or within 90 calendar days of the expiry of the relevant response period for the management evaluation if no response to the request...