UNDT/2012/171

UNDT/2012/171, Jordan Mostajo

UNAT Held or UNDT Pronouncements

The application is not receivable as it was not submitted to the Management Evaluation Unit (“MEU”) within the sixty calendar days time limit in staff rule 11.2(c). The Tribunal notes that the Applicant’s request for management evaluation was limited to requesting the payment of certain benefits as a result of the non-renewal of her contract and did not, as per the submission to the UNDT, contest the actual non-renewal of her contract.The Applicant did not contest the findings of the OAI report before the MEU prior to submitting them to the UNDT. These claims are therefore not properly before the Tribunal.The Tribunal has clearly stated that only the internal regulations of the United Nations apply to disputes involving its staff members and there is therefore no place for the Tribunal to take into account the national laws of a member state with regard to such disputes. The Tribunal notes that the Applicant’s request for management evaluation was limited to requesting the payment of certain benefits as a result of the non-renewal of her contract The Applicant is also contesting the decision not to consider these issues using local national laws on the grounds that they allegedly supersede internal policies and rules of the United Nations.

Decision Contested or Judgment Appealed

The Applicant is contesting the non-renewal of her fixed-term appointment as well as the decision by the Office of Audit and Investigations (“OAI”) in the United Nations Development Programme (“UNDP”) not to pursue her complaint regarding workplace harassment.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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Applicants/ Appellants
Jordan Mostajo
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Tribunal
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