2012-UNAT-229 | SYSTEM OF ADMINISTRATION OF JUSTICE

2012-UNAT-229, Tetova

UNAT Held or UNDT Pronouncements

UNAT considered the Appellant’s appeal and found that the Appellant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNAT held that the application for suspension of action during the pendency of management evaluation was rightly declared not receivable as it was time-barred. UNAT held that UNDT did not exceed or wrongly exercise its jurisdiction in rejecting the suspension of action. UNDT dismissed the appeal and upheld the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant requested a suspension of the non-renewal of his contract. UNDT found the Applicant’s suspension request was not receivable as time-barred, as he had failed to submit a request for management evaluation within the mandatory time limit.

Legal Principle(s)

A judgment issued following a request for suspension of action during the pendency of management evaluation shall not be subject to appeal. UNDT cannot waive or suspend the deadlines for management evaluation.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Tetova

Entity

UNMIK

Case Number(s)

2011-245

Tribunal

UNAT

Registry Location :

New York