UNDT/2021/092

UNDT/2021/092, Nigam

UNAT Held or UNDT Pronouncements

The application is not receivable because art.8.1 of the Tribunal’s Statute makes it clear that the application must be filed within 90 days of receipt of the management evaluation where the management evaluationis provided within 45 days of the request. The Applicant raised for management evaluation the complaint that the investigation was not fair and balanced because the report not been disclosed to him; there was no management evaluation of the allegation of negligence. That allegation is therefore not receivable.

Decision Contested or Judgment Appealed

The Applicant challenged the Respondent’s decision to not disclose the report of the investigation into his conduct, in which he was exonerated, but which he contends was conducted on the basis of malicious complaints by two staff members.

Legal Principle(s)

Art.8.1 of the Tribunal’s Statute makes it clear that the application must be filed within 90 days of receipt of the management evaluation where the management evaluationis provided within 45 days of the request.

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

Nigam

Entity

UNDP

Case Number(s)

UNDT/NBI/2020/56

Tribunal

UNDT

Registry Location :

Nairobi