UNDT/2014/071

UNDT/2014/071, Kazazi

UNAT Held or UNDT Pronouncements

It is not clear when exactly the decision was first notified to the Applicant. However, by email of 23 August 2013, a Senior Human Resources Officer clearly informed the Applicant of the decision and provided him with a comprehensive explanation on the rationale and the legal basis thereof. Thereafter, the Applicant contacted the Chief, HRMS, UNOG, and the Director, Division of Administration, UNOG, seeking reconsideration of his request. By email of 25 November 2013, the Chief, HRMS, noted that the Applicant would soon be informed of the outcome of HRMS consideration of his case. Moreover, on 17 December 2013, the Director, Division of Administration, wrote to the Applicant, referring to the email of 23 August 2013 and stressing that he was entitled to repatriation grant at the single rate only. The Applicant filed his request for management evaluation on 16 February 2014. The Tribunal found that the application was not receivable, ratione materiae, since the Applicant had failed to file a timely request for management evaluation.

Decision Contested or Judgment Appealed

The Applicant, who had worked at the UNCC for 21 years, was separated on 31 October 2012. The Applicant contests the decision according to which he was not entitled to repatriation grant at the dependency rate, but only at the single rate.

Legal Principle(s)

Confirmative decisions/receivability ratione materiae: The reiteration of an original administrative decision, if repeatedly questioned by a staff member, does not reset the clock with respect to the statutory timelines, rather, the time starts to run from the date the original decision was made.

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

Kazazi

Entity

UNOG

Case Number(s)

UNDT/GVA/2014/50

Tribunal

UNDT

Registry Location :

Geneva