UNDT/2017/059

UNDT/2017/059, Monticelli

UNAT Held or UNDT Pronouncements

The Tribunal is required to factually find that the decision that is impugned before it is in the process of being administratively reviewed. A preliminary finding to this effect is a prerequisite for litigation before this Tribunal. The record before the Tribunal did not show that a request for management evaluation had been filed by the Applicant. The Applicant was given the opportunity to address this situation and correct it, but did not. The application therefore was found incompetent and the only option open to the Tribunal was to summarily dismiss it for want of management evaluation.

Decision Contested or Judgment Appealed

The Applicant sought to challenge the Respondent’s decision to deny him the payment of entitlements.

Legal Principle(s)

It is settled law that the filing of a request for management evaluation is a mandatory first step in the process leading to a judicial determination on the merits.

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Monticelli

Entity

BINUB

Case Number(s)

UNDT/NBI/2017/052

Tribunal

UNDT

Registry Location :

Nairobi