UNDT/2012/184

UNDT/2012/184, McCluskey

UNAT Held or UNDT Pronouncements

Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine the issue of receivability. Receivability ratione materiae: By virtue of article 2.1(a) of the Tribunal’s Statute only administrative decisions, allegedly in non-compliance with the terms of appointment or the contract of employment, are appealable. In the instant case, the rejection by the Administration of the Applicant’s request to benefit from an enhanced separation package, despite the fact that he had not opted for it in due time, constituted an individual administrative decision with direct legal consequences on the Applicant’s legal rights and was therefore challengeable. UNHCR HQ in Geneva: Concerning UNHCR, Geneva is to be considered as the “Headquarters” in the sense of article 8.1(d)(i) b. of the Tribunal’s Statute in accordance with the established procedures by the High Commissioner through the IOM/FOM 034/2009 of 1 July 2009 (The new Administration of Justice System) and the delegation of authority to him by the Secretary General to conduct the management evaluation for UNHCR staff members.

Decision Contested or Judgment Appealed

The Applicant, a former UNHCR staff member, contested the decision to retract the offer of an enhanced separation package and requests its rescission. The application was deemed time-barred, since its filing occurred after the 90-day time-limit counted as of the date at which the response period to his management evaluation request expired.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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