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2023-UNAT-1316

2023-UNAT-1316, Tejbir Singh Soni

UNAT Held or UNDT Pronouncements

The UNAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.

The UNAT found that the UNDT did not commit any errors when it found that the staff member’s application was irreceivable ratione materiae.

The UNAT noted that the UNDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when UNICEF accepted his resignation. His request for management evaluation was filed outside the 60-day statutory time limit.

The UNAT was of the view that there was no evidence that the Secretary-General extended the management evaluation deadline. A mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. A formal mediation process was never initiated.

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2022/003.

Decision Contested or Judgment Appealed

A former staff member contested his separation from service on the grounds of constructive dismissal and coerced resignation by the United Nations Children’s Fund (UNICEF).

In Judgment No. UNDT/2022/003, the UNDT found that he had submitted a management evaluation request out of time.

The staff member appealed.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeal process. Strict adherence to filing deadlines assures one of the goals of our new system of administration of justice: the timely hearing of cases and rendering of judgments.

Staff members are presumed to know the Regulations and Rules applicable to them. Ignorance cannot be invoked as an excuse.

Participation in the mediation efforts does not automatically extend the time limit for filing a request for management evaluation.

Usually, an explicit decision of the Secretary-General in favour of the staff member is necessary before the UNDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General.

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.