UNDT/2013/037, Monga
The Tribunal considered that an employer does not have an unqualified right to refuse to accept a resignation and rejected the Applicant’s submissions on receivability. The receivability of any application before the Tribunal is subject to the statutory requirement of article 8.1(c) of the Statute of the Dispute Tribunal, which is categorical that where required, an Applicant must submit a request for management evaluation of a contested decision.
The Applicant challenged the decision to separate him from the Organization and repudiated the validity of the letter of resignation that formed the basis of his separation. Applicant’s principal contention on the issue of receivability is that in the absence of a written notice of separation directly addressed to him by the lawful authority, he was not constrained to submit a request for management evaluation before filing the Application with the Tribunal.
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