2021-UNAT-1162, Maha Fayek-Rezk
Noting that the Appellant passed away during the course of the litigation and before the hearing of the appeal before UNAT, UNAT held that the claim, namely her challenge to the Administration’s refusal to move her back to her previous position, did not pass to her legal successor(s) in interest, no action is allowed to be commenced by her personal representative or successor in interest and that, under the specific circumstances of the case and due to the nature of the dispute, the issue in dispute was moot. Notwithstanding the mootness of the issue in dispute, UNAT held that the UNDT’s conclusion that the application was non-receivable ratione materiae was correct, as the Appellant failed to request management evaluation of the decision of 14 February 2019. UNAT held that the later reiteration of this decision did not constitute a fresh decision, but rather it was a mere restatement of the 14 February 2019 decision, and as such was not an appealable administrative decision. UNAT held that the UNDT did not err in law or fact, resulting in a manifestly unreasonable decision. UNAT held that the remainder of the Appellant’s arguments concerned the meris of her case could not be assessed at the stage of proceedings as they stood, which were terminated at the receivability phase. UNAT dismissed the appeal and affirmed the UNDT Judgment.
The Applicant contested the Administration’s refusal to reassign her to a specific post. UNDT dismissed the application as not receivable ratione materiae.
The key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s term and conditions of appointment. The date of an administrative decision is based on objective elements that both parties (Administration and staff member) can accurately determine. The reiteration of an original administrative decision, if repeatedly questioned by a staff member, does not reset the clock with respect to statutory timelines; rather time starts to run from the date on which the original decision was made. Neither UNDT nor UNAT has jurisdiction to waive deadlines for the filing of requests for management evaluation.
N/A