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UNDT/2022/116

UNDT/2022/116, Khan

UNAT Held or UNDT Pronouncements

The Tribunal reviewed the application and found it not receivable. The Applicant indicated in his application that while he was initially offered a separation indemnity of 12 months’ net base salary, this amount was later reduced to three months’ net base salary in a separation agreement dated 16 March 2021. According to the information on record, the Chief Human Resources Office, Pakistan Country Office, verbally informed the Applicant of the contested decision on 11 March 2021. Therefore, as per staff rule 11.2 (c), the Applicant had until 10 May 2021 to request management evaluation. Even considering that he was only informed of the contested decision on 18 March 2021, when he received the separation agreement, he had until 17 May 2021 to request management evaluation. The Tribunal noted that the Applicant requested management evaluation of the contested decision on 3 February 2022, which is more than eight months after the mandatory deadline. Consequently, his application was not receivable ratione materiae. Furthermore, since the Applicant contested the amount of the separation indemnity to which he concurred under the separation agreement, and considering that he was barred from any recourse on this matter as per the agreement, his application was also not receivable in this respect.

Decision Contested or Judgment Appealed

The amount paid to the Applicant as separation indemnity.

Legal Principle(s)

The examination of an application’s receivability is a matter of law, which may be adjudicated without serving the application on the Respondent for a reply and even if not raised by the parties.

Outcome
Dismissed as not receivable
Outcome Extra Text

 

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Applicants/ Appellants
Khan
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Tribunal
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Applicable Law