UNDT/2012/134

UNDT/2012/134, Ngoma-Mabiala

UNAT Held or UNDT Pronouncements

The UNDT found that the application was not receivable as the Applicant had failed to take the mandatory first step of requesting management evaluation of the contested decision. However, it observed that while failure to request management evaluation denies the Applicant access to the Tribunal’s jurisdiction at present, the Applicant was never formally notified in writing of the administrative decision or the reasons therefore. Furthermore, the Tribunal noted that the situation in this case arose through an alleged mistake of the Administration and through no fault of the Applicant.

Decision Contested or Judgment Appealed

The Applicant appealed what he described the alleged deduction of certain amounts from two of his paycheques and the Administration’s failure to pay him certain amounts to which he claims he is entitled.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Ngoma-Mabiala

Entity

MONUC

Case Number(s)

UNDT/NBI/2011/037

Tribunal

UNDT

Registry Location :

Nairobi