UNDT/2020/035

UNDT/2020/035, Adam

UNAT Held or UNDT Pronouncements

The application did not fall under any of the stipulated exceptions to obtaining a management evaluation as a first step to invoking the powers of the Tribunal. Thus management evaluation was a prerequisite. The application was filed out of time because it was not filed within 90 days of the Applicant’s receipt of the management evaluation response as required by art. 8.1(i)(a) of the UNDT Statute.

Decision Contested or Judgment Appealed

The Applicant challenged the decision to place him on an “individual contract” for 19 continuous months.

Legal Principle(s)

An application shall be receivable if the Applicant has previously submitted the contested administrative decision for management evaluation, where required (UNDT Statute, art. 8.1(c)). Staff rule 11.2(b) sets out two conditions under which an Applicant is exempted from requesting a management evaluation. It should be read together with art. 8 of the UNDT Statute to determine whether the application is receivable by the UNDT.

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.

Full Judgment

Applicants/ Appellants

Adam

Entity

UNAMID

Case Number(s)

UNDT/NBI/2020/019

Tribunal

UNDT

Registry Location :

Nairobi