UNDT/2014/126, Awan
The Tribunal found that the Applicant did not timely submit his request for management evaluation. Additionally, the Tribunal found that the Applicant failed to identify in clear and precise terms specific administrative decision(s), actions or omissions, including their dates. Therefore, the Tribunal ruled that the application was not receivable, ratione materiae.
During his employment with UNICEF, the Applicant was in charge of monitoring a construction contract with a local contractor on behalf of UNICEF in Pakistan. The Applicant was arrested by local police, although he showed his UN ID, on the basis of which appeared to be false allegations against him by the local contractor. While UNICEF issued several notes verbales to the Ministry of Foreign Affairs, Pakistan, to ensure respect of the Applicant’s privileges and immunities as a UN staff member, he was subjected to criminal and civil proceedings before national courts, until he was ultimately acquitted from all charges in November 2013. After having requested management evaluation in Mach 2014, the Applicant filed an application contesting “UNICEF failure in its obligations as enshrined in the policy guidelines of ST/AI/299 read with ST/SGB/198 to provide safety and protection to functional immunity of staff members, and as given under the 1946 Geneva Convention”.
Receivability ratione materiae: For an application to be receivable ratione materiae, the Applicant has to identify in precise terms the specific administrative decision(s) he/she is contesting, and must previously have filed a timely request for management evaluation of that decision(s).