UNDT/2018/010

UNDT/2018/010, Gnassou

UNAT Held or UNDT Pronouncements

The Applicant did not show that the findings of the Rebuttal Panel together with her final performance appraisal resulted in an administrative decision to her detriment. Although the delay in finalizing the Rebuttal Panel Report was far in excess of the period contemplated under ST/AI/2010/5, the delay did not constitute an error of procedure in light of the reasons advanced by the Respondent. In accordance with section 15.4 of ST/AI/2010/5, it was mandatory for the Administration to place the report of the Rebuttal Panel on the Applicant’s official status file and that there was no exercise of discretion by the manager concerned. Thus, the act of placing the Rebuttal Panel Report on the Applicant’s official status file was not an appealable administrative decision.

Decision Contested or Judgment/Order Appealed

The Applicant contested the findings of a rebuttal panel concerning her 2014-2015 performance appraisal (“e-PAS”) and MONUSCO’s decision to place the report of the Rebuttal Panel in her Official Status File (“OSF”).

Legal Principle(s)

Administrative decisions are characterized by the fact that they are taken by the Administration, they are unilateral and of individual application and they carry direct legal consequences. The report of the rebuttal panel shall be placed in the staff member’s official status file as an attachment to the completed e-PAS or e-performance document and communicated to the Office of Human Resources Management or the Field Personnel Division of the Department of Field Support, as appropriate (section 15.4 of ST/AI/2010/5).

Outcome

Dismissed as not receivable

Outcome Extra Text

The application was dismissed because the Applicant was not contesting administrative decisions in accordance with art. 2.1(a) of the UNDT Statute.

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Full Judgment

Applicants/Appellants

Gnassou

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2016/074

Tribunal

UNDT

Registry

Nairobi