UNDT/2014/041

UNDT/2014/041, von der Schulenberg

UNAT Held or UNDT Pronouncements

UNDT held that the Application was receivable on the ground that a decision not to select a candidate for a post is an administrative decision within the jurisdiction of the Tribunal. UNDT held that the Application was not res judicata. UNDT noted that the issue in the present case regarded a different administrative decision from the one deemed not receivable in a previous Judgment (Case No. UNDT/NBI/2013/014). UNDT held that the Applicant had knowledge of the decision not to appoint him to the Special Representative of the Secretary-General post on 22 May 2013 and that time for a request for management evaluation began to run from that date. As the request was not made until 7 October 2013, it was well out of the 60 day time limit. UNDT held that the Application was not receivable on this ground. UNDT held that the Application was not receivable.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to select, not to extend, not to renew, not to reassign and not to re-appoint him in a senior United Nations position.

Legal Principle(s)

A decision not to select a candidate for a post is an administrative decision within the jurisdiction of the Tribunal. An applicant has 60 days to request a management evaluation of a decision from the date of the contested or the date when the Applicant had knowledge of the decision. That evaluation is a mandatory pre-requisite for a case to be properly brought to the Tribunal. The time limit for requesting management evaluation may not be waived or extended by the Tribunal.

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

von der Schulenberg

Entity

UNIPSIL

Case Number(s)

UNDT/NBI/2013/87

Tribunal

UNDT

Registry Location :

Nairobi