UNDT/2016/018

UNDT/2016/018, Faust

UNAT Held or UNDT Pronouncements

Management evaluation: the requirement of filing a request for management evaluation prior to submitting an application before the Tribunal has been invariably upheld by the Appeals Tribunal. The Tribunal has no jurisdiction to either waive the deadlines for the filing of requests for management evaluation with the MEU or make any exception to it; therefore, the Tribunal is incompetent to review decisions which have not been subjected to management evaluation. Technical bodies: as per staff rule 11.2(b), technical bodies are determined by the Secretary-General. Absent such determination, specialized training alone, if any, does not suffice to qualify as a technical body.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the Executive Secretary, UNFCCC, to take no further action, after investigation, on her complaint for prohibited conduct under ST/SGB/2008/5 and, as a result, to close the case. In her application, the Applicant admitted not having requested management evaluation of the decision in question, and provided reasons for her direct submission to the Tribunal, e.g. inter alia, that the contested decision was based on advice from a specialized body (an investigation panel). The Tribunal found that management evaluation was a mandatory requirement prior to filing an application to the Tribunal.

Legal Principle(s)

N/A

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

Faust

Entity

UNFCCC

Case Number(s)

UNDT/GVA/2016/6

Tribunal

UNDT

Registry

Geneva