UNDT/2023/071

UNDT/2023/071, Makeen

UNAT Held or UNDT Pronouncements

The Applicant did not deny the authenticity of the Microsoft Outlook notifications. This meant that the Applicant should have filed his application no later than 26 June 2023 to comply with the 90-calendar day deadline.

He filed his application on 28 June 2023, which was two days after the statutory deadline so the application was dismissed as not receivable.

Decision Contested or Judgment Appealed

The Applicant contested the imposition on him of the disciplinary measure of separation from service with compensation in lieu of notice, and without termination indemnity, in accordance with staff rule 10.2(a)(viii).

Legal Principle(s)

Article 8.1(d)(ii) prescribes that an application shall be receivable if in cases where management evaluation of the contested decision is not required, it is filed within 90 calendar days of the applicant’s receipt of the administrative decision. Staff rule 11.4(b) sets the same deadline.

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

Makeen

Entity

UNSCOL

Case Number(s)

UNDT/NBI/2022/074

Tribunal

UNDT

Registry Location :

Nairobi