2011-UNAT-170

2011-UNAT-170, Kapsou

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). UNAT held that those steps had to have been exhausted before invoking the jurisdiction of UNDT. UNAT held that UNDT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. UNAT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. UNAT noted that UNDT has no jurisdiction to waive the requirement of a prior request for administrative review under the former staff rules. UNAT held that UNDT erred in finding the applicable receivable ratione materiae. UNAT dismissed the appeal.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew her contract. UNDT found the application to be receivable but dismissed it.

Legal Principle(s)

UNDT has no jurisdiction to waive the procedural requirement of requesting an administrative review of the contested decision.

Outcome

Appeal dismissed on merits

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Full Judgment

Applicants/ Appellants

Kapsou

Entity

UNFICYP

Case Number(s)

2010-167

Tribunal

UNAT

Registry Location :

New York