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UNDT/2011/193, Payman

UNAT Held or UNDT Pronouncements

The Tribunal found the application irreceivable on the basis that: (1) the decision of 28 April 2011 was not an appealable administrative decision; (2) the Tribunal was not competent to examine the legality of the subsequent decision on the Applicant’s eligibility for consideration for conversion because she did not request management evaluation of this decision; and (3) even assuming that the decision of 28 April 2011 was an administrative decision subject to appeal, it was merely a confirmative decision and the Applicant did not contest it within the mandatory time limits as the initial classification of her status dates back to 2004. Administrative decision: An administrative decision, to be considered as such, must produce direct legal consequences. Interlocutory findings/preparatory decisions: When interlocutory findings lead to an administrative decision, these findings may be challenged only in the context of an appeal against the outcome (administrative decision) but cannot be, alone, the subject of an appeal to the Tribunal. Confirmative decisions: A decision which merely confirms a previous one does not reopen the time limit for appeal. 

Decision Contested or Judgment Appealed

In the context of the one-time review for consideration for conversion to a permanent appointment, the Applicant contested the decision of 28 April 2011 determining that her status at the time of recruitment in 2004 and up to 31 January 2011 was on secondment.

Outcome
Dismissed as not receivable

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