UNDT/2024/039

UNDT/2024/039, Massamba

UNAT Held or UNDT Pronouncements

The Tribunal noted that based on the evidence before it and not contested by the Applicant, the sanction letter was issued on 1 July 2022 and the Applicant received it on 5 July 2022. Pursuant to staff rule 11.2(b), disciplinary decisions are not subject to management evaluation. This meant that the Applicant ought to have filed his application no later than Tuesday, 4 October 2022 to comply with the 90-calendar day deadline. He filed his application on 31 January 2024, which was more than a year after the statutory deadline. Accordingly, the Tribunal found the application not receivable ratione temporis and it was dismissed.

Decision Contested or Judgment Appealed

The imposition 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)

Pursuant to article 8.1(d)(ii) of the UNDT Statute, an application is 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

Massamba

Entity

OCHA

Case Number(s)

UNDT/NBI/2024/004

Tribunal

UNDT

Registry Location :

Nairobi