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UNDT/2019/096

UNDT/2019/096, Maloka Mpacko

UNAT Held or UNDT Pronouncements

The separation decision for abandonment of post took effect in December 2012, and the Applicant claimed that she received separation related paperwork only in November 2018. The Tribunal decided that the Administration properly followed the procedures, including seeking and obtaining the approval of separation for abandonment of post from the Office of Human Resources Management, and notifying the Applicant at every important step by email and other authorized means in accordance with ST/AI/400 and therefore the separation decision was properly made. The Tribunal found that even if the Tribunal were to accept the Applicant’s claim that she did not receive the initial separation memorandum sent to her, evidence shows that she became aware of the separation decision a few months thereafter (i.e. July-August 2013). Accordingly, the Applicant’s application filed more than three years after her receipt of the contested decision was found not receivable.

Decision Contested or Judgment Appealed

The decision to separate the Applicant for abandonment of post after the Applicant’s sick leave request was not certified and she failed to report to duty.

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.

Applicants/ Appellants
Maloka Mpacko
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Tribunal
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