2015-UNAT-558 | SYSTEM OF ADMINISTRATION OF JUSTICE

2015-UNAT-558, Kouadio

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. UNAT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that UNDT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. UNAT held that the UNDT erred on a question of law in finding that it could not determine the receivability of the application. UNAT upheld the Secretary-General’s appeal, vacated the UNDT judgment and dismissed Mr Kouadio’s cross-appeal.

Decision Contested or Judgment Appealed

Mr Kouadio contested the non-renewal of his appointment due to the abolition of his post. UNDT considered that it was unable to take a decision on receivability without the Administration having notified the Applicant in writing. UNDT ordered the Administration to notify Mr Kouadio in writing.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeals process. UNDT has no power to suspend or waive the deadlines for management evaluation.

Outcome

Appeal granted

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

Kouadio

Entity

UNDP

Case Number(s)

2014-644

Tribunal

UNAT

Registry Location :

New York