2018-UNAT-821

2018-UNAT-821, Haydar

UNAT Held or UNDT Pronouncements

UNAT held that UNDT did not err in law or in fact in finding that the Appellant’s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the UNDT Statute. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the findings of the Management Evaluation Unit that addressed her two requests for management evaluation: 1) seeking the removal of her Second Reporting Officer’s and First Reporting Officer’s comments and rating from her 2015/2016 e-PAS; 2) against the Panel report of 24 August 2016 and the procedures followed by the Rebuttal Panel. UNDT dismissed the application as not receivable.

Legal Principle(s)

A statutory burden is placed upon an applicant to establish that the administrative decision in issue was in non-compliance with the terms of his or her appointment or contract of employment. Such a burden cannot be met when the applicant fails to identify an administrative decision capable of being reviewed, that is, a specific decision that has a direct and adverse impact on the applicant's contractual rights.

Outcome

Appeal dismissed on merits

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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

Haydar

Entity

MINUSCA

Case Number(s)

2017-1110

Tribunal

UNAT

Registry Location :

New York