The Tribunal concluded that the Application was not receivable because the contested decision was made on 21 May 2020 and the Applicant requested management evaluation on 25 October 2020, based on a later decision by MONUSCO dated on 8 October 2020. The Tribunal held that the 8 October 2020 email did not reset the time line for requesting management evaluation because it was a reiteration of the 21 May 2020 decision. The Tribunal recalled that the Appeals Tribunal held that “the reiteration of an administrative decision does not reset the clock with respect to the statutory timelines; rather...
Article 8.3
Showing 161 - 163 of 163
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Management Evaluation
UNDT held that the application was not receivable ratione materiate, as the Applicant did not request management evaluation, as required. UNDT dismissed the application.
Separation from service
Non-renewal
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Administrative decision
Implied administrative decision
Pursuant to art. 9 of the Tribunal’s Rules of Procedure and to established jurisprudence, the Tribunal can choose to issue a summary judgment without taking any argument or evidence from the parties as the Tribunal’s Statute prevents it from receiving a case that is not receivable. Likewise, art. 19 provides that it may issue any order or direction that is appropriate for the fair and expeditious disposal of the case. In addition, such provision allows the Tribunal to deal with issues of receivability as a preliminary matter in the interest of judicial economy. Therefore, the Tribunal can...