UNDT/2011/111 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2011/111, Al-Behaisi

UNAT Held or UNDT Pronouncements

Receivability: The Applicant’s request for administrative review was made outside the mandatory time limit. In accordance with article 8.3 of the Dispute Tribunal’s Statute, the Tribunal may not suspend or waive the deadlines in the Staff Rules concerning requests for administrative review or management evaluation. There is no basis in the former Staff Rules for finding that time to request an administrative review should only be calculated from the end of the involvement of the Ombudsperson. The terms of reference of the Joint Ombudsperson are inconsistent with the Staff Rules. The Ombudsperson did not have the power to suspend the two-month time limit specified in former staff rule 111.2(a) for filing a request for administrative review.

Decision Contested or Judgment Appealed

In 2007, the UNDP Kuwait Country Office was restructured. A job fair took place and all affected staff members were required to compete for the positions. The Applicant, a staff member at the level B, applied for a post at the level C. On 3 January 2008, she was notified that she had not been selected for the post and would be separated from service. She then contacted the Joint Ombudsperson. On 7 October 2008, she was separated from service. In June 2009, the Joint Ombusperson informed her that an informal resolution of her case was unlikely. The Applicant contested the decision to separate her from service.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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

Al-Behaisi

Entity

UNDP

Case Number(s)

UNDT/GVA/2009/094

Tribunal

UNDT

Registry Location :

Geneva