UNDT/2021/146

UNDT/2021/146, Sukanya Mohan Das

UNAT Held or UNDT Pronouncements

The Tribunal held that the application was not receivable because it did not meet the conditions of an appealable administrative decision under art. 2(1)(a) of the Dispute Tribunal’s Statute. Accordingly, the application was rejected.

Decision Contested or Judgment Appealed

The Applicant contested what she termed as the “Administration’s failure to act and correct the perverse decision of including and retaining, in her Official Status File (“OSF”) and Inspira, an unwarranted performance document (2018/2019 e-PAS) and a rebuttal report tainted with factual errors and substantive irregularities”.

Legal Principle(s)

Pursuant to section 15.4 of ST/AI/2010/5 (Performance Management and Development System), the report of the rebuttal panel shall be placed in the staff member’s official status file as an attachment to the completed e-PAS or e-performance document and communicated to the Office of Human Resource Management or the Field Personnel Division of the Department of Field Support, as appropriate. As per the settled jurisprudence, the act of placing the rebuttal report in the Applicant’s OSF is an administrative requirement and not an appealable administrative decision within the meaning of art. 2(1)(a) of the Dispute Tribunal’s Statute.

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

Sukanya Mohan Das

Entity

UNAMA

Case Number(s)

UNDT/NBI/2020/97

Tribunal

UNDT

Registry Location :

Nairobi