UNDT/2019/143, Mbali
The application was not receivable because of the Applicant’s failure to request management evaluation in good time.
The Applicant challenged the Respondent’s decision to separate him from service of the United Nations on grounds of abolition of post.
In accordance with art. 8 of the Statute of the United Nations Dispute Tribunal, an application is receivable if an applicant has previously submitted the contested administrative decision for management evaluation, where required.; The Tribunal recalled that although staff rule 11.2 and art. 8 of UNDT Statute require only requesting management evaluation and not actually obtaining it, it must be understood that the obligation to “submit the contested administrative decision for management evaluation” means submitting it effectively, so as to enable a response on the merits.; Absent a request for management evaluation, the Tribunal may not consider the merits of the case. It is settled law that there is no power to waive the deadlines for requesting management evaluation.