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UNAT considered the Appellant’s claim that the basis for the non-renewal decision was his unsuccessful application for a newly created post for which he had applied. UNAT held that there was no evidence of the link between the decision not to renew his fixed-term appointment and his non-selection for the other post and considered that the timeline of events supported this. UNAT held that UNDT was correct in its finding that the non-renewal decision was a separate matter from the then-ongoing selection exercise. On the Appellant’s claim that the successive renewals of his appointment created an...

UNAT held that UNDT was correct to find that the application was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT agreed with UNDT that the Appellant’s claim of constructive dismissal was not receivable. UNAT held that it was well within UNDT’s jurisdiction and that UNDT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant’s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, UNAT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...

UNAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant’s request for an oral hearing. UNAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before UNDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. UNAT held that UNDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...

UNAT held that the Appellant’s application regarding the implied decision conveyed in a conversation with his colleague was, indeed, not receivable ratione materiae. However, UNAT held that a later letter of response from the Administration effectively re-set the clock for the Appellant to file his request for management evaluation. UNAT held that the express decision in the letter, containing the rejection of the Appellant’s complaint and the reasons, therefore, was not a mere confirmation of the previous implied administrative decision, but a new, appealable decision. UNAT held that UNDT...

UNAT held that while there may have been an error in the misfiling of the Appellant’s rebuttal, this did not result in procedural unfairness that affected the decision. UNAT held that there was no procedural unfairness to the Appellant as she had had the opportunity to file for leave to respond before UNDT and she did not do so and that in any case, this did not affect the ultimate decision on receivability. UNAT noted that only the Secretary-General, of which the Management Evaluation Unit forms part, has the authority to extend or waive the time limits for management evaluation and the...

The UNDT did not err in determining that the 11 November 2018 letter provided notification of the final administrative decision subject to appeal, since it contained the key characteristic of producing “’direct legal consequences’ affecting a staff member’s terms and conditions of appointment”.

UNAT held that the UNDT did not commit any errors when it found that Ms. Wenz’ application was irreceivable ratione materiae and that therefore, it did not have to address the question of whether the application was also irreceivable ratione temporis. UNAT held that the UNDT correctly found that UNICEF’s participation in mediation efforts did not automatically extend the time limit for filing a request for management evaluation. UNAT found no fault in the UNDT’s finding that the Secretary-General was not estopped from raising the issue of receivability. UNAT dismissed the appeal and affirmed...

UNAT agreed that the time limit for requesting management evaluation against an administrative decision starts once a staff member has been notified of the decision in writing and in clear and unequivocal terms, which in this case was 18 September 2018. UNAT also agreed that the subsequent communications were mere reiterations of the prior decision, and a staff member cannot reset the time for management review by asking for a confirmation of an administrative decision that was communicated to him earlier. The date cannot be unilaterally set by the staff member, and as such, it cannot be the...

UNAT found no fault with the UNDT’s reasoning that the letter of 24 November 2017 was unambiguous and unconditional about the separation of Ms Patkar upon the expiration of her appointment and agreed that the letter conveyed the final decision of the Administration not to renew her appointment. UNAT held that the letter produced a direct adverse consequence which was not contingent upon the possibility of Ms Patkar’s selection for any other position. Nor did the relevant provision in the letter that the non-renewal decision would cease to be applicable if Ms Patkar should be selected for...