UNDT/2018/123

UNDT/2018/123, Kuate

UNAT Held or UNDT Pronouncements

Contrary to the Applicant’s contentions, the contested administrative decisions were not disciplinary measures imposed pursuant to the applicable legal procedures in ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process). The Applicant became aware of this as evidenced by his subsequent request for management evaluation of 23 November 2018. The Tribunal found the application irreceivable. It was filed without having first been submitted to management evaluation. The Applicant had to await the result of his management evaluation dated 23 November 2018 (or expiry of the time limit for it) before filing a new application, if necessary, in accordance with the applicable time limits.

Decision Contested or Judgment Appealed

The Applicant contested the decisions to make deductions from his salary to satisfy child support obligations and to recover dependency allowance.

Legal Principle(s)

The United Nations Appeals Tribunal has stressed the obligation to await management evaluation, which process provides the Administration an opportunity to correct any errors in an administrative decision and resolve disputes without the necessity to involve judicial review.

Outcome

Dismissed as not receivable

Outcome Extra Text

The application was irreceivable. It was filed without having first been submitted for management evaluation.

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Full Judgment

Applicants/ Appellants

Kuate

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2018/110

Tribunal

UNDT

Registry Location :

Nairobi