UNDT/2021/040 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2021/040, Ghafoor

UNAT Held or UNDT Pronouncements

The contested decision arose from an agreement signed on 21 April 2020 between the Applicant and UNICEF to terminate her appointment. If the Applicant had wished to contest the circumstances of her termination agreement, she ought to have requested management evaluation by 20 June 2020. She however, submitted her request on 18 January 2021, almost seven months later, and outside the 60-day period. The request for management evaluation was time-barred and thus the application was not receivable.

Decision Contested or Judgment Appealed

The Applicant contested UNICEF’s decision barring her from being re-employed by the Organization for a period of 36 months due to a mutually agreed termination of her temporary appointment contract.

Legal Principle(s)

Pursuant to staff rule 11.2(c), a request for a management evaluation shall not be receivable by the Secretary-General unless it is sent within 60 calendar days from the date on which the staff member received the notification of the administrative decision to be contested. Pursuant to art. 8.3 of the Dispute Tribunal’s Statute, the Tribunal has no power to waive or suspend the deadlines for management evaluation. As per the settled jurisprudence, the Dispute Tribunal may only review decisions that have been subject of a proper and timely request for management evaluation.

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

Ghafoor

Entity

UNICEF

Case Number(s)

UNDT/NBI/2021/023

Tribunal

UNDT

Registry Location :

Nairobi