2019-UNAT-936 | SYSTEM OF ADMINISTRATION OF JUSTICE

2019-UNAT-936, Diallo

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant had demonstrated no exceptional circumstances which would justify UNAT exercising its discretion to file additional pleadings. UNAT held that an application before UNDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. UNAT held that the UNFPA Compliance Review Board, which in this case reviewed the recommendation to terminate the Appellant’s appointment, does not constitute a technical body. UNAT held that a disciplinary process was not undertaken and completed nor did the administrative decision impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to terminate his permanent appointment for unsatisfactory service. UNDT dismissed the Applicant’s application on the ground that he had failed to request management evaluation of the impugned decision (not receivable ratione materiae).

Legal Principle(s)

The Tribunals have no jurisdiction to waive deadlines for requests for management evaluation.

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

Diallo

Entity

UNFPA

Case Number(s)

2019-1232

Tribunal

UNAT

Registry Location :

New York