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Article 8.1

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The Tribunal found that the Applicant became aware of the contested decision on 21 February 2019. She requested management evaluation on 27 April 2019 and she was late by 5 days. Since the request for management evaluation was time-barred, the application before the UNDT was not receivable.

The application did not fall under any of the stipulated exceptions to obtaining a management evaluation as a first step to invoking the powers of the Tribunal. Thus management evaluation was a prerequisite. The application was filed out of time because it was not filed within 90 days of the Applicant’s receipt of the management evaluation response as required by art. 8.1(i)(a) of the UNDT Statute.

The Tribunal found that the Applicant had been notified of his placement on special leave without pay in August 2018 and he requested for management evaluation on 6 July 2019, almost a year after the contested decision was communicated to him. The request fell way out of the 60-day deadline. The application was accordingly dismissed as not receivable.

The Tribunal rejects the application as not receivable. The contested decision to place a note on the Applicant’s Official Status File is not an appealable administrative decision as it has no direct legal consequences affecting the terms and conditions of his appointment. The Applicant should have requested a management evaluation within 60 days from the notification of the contested decisions on 5 August 2017, but instead he requested a management evaluation on 3 November 2017, more than 60 days later. Therefore, the application is not receivable as time-barred. The contested decision not to...

The contested decision arose from an agreement signed on 21 April 2020 between the Applicant and UNICEF to terminate her appointment. If the Applicant had wished to contest the circumstances of her termination agreement, she ought to have requested management evaluation by 20 June 2020. She however, submitted her request on 18 January 2021, almost seven months later, and outside the 60-day period. The request for management evaluation was time-barred and thus the application was not receivable.