The Applicant received the contested decision on 5 May 2021. If he wished to challenge his reassignment, he should have filed a management evaluation request by 4 July 2021 but did not do so until 30 November 2021. Thus, his applicaiton was found to not be receivable.
Pursuant to staff rule 11.2(c), the Applicant should have requested management evaluation of the 31 August 2021 decision by 30 October 2021, or even earlier, if the intent was to argue against the recovery decision communicated between 30 June and 9 July. The Applicant was contemplating resorting to management evaluation already in July 2021, he, however, requested management evaluation only on 3 November 2021, which was after both deadlines.
A former staff member contesting a decision stemming from his elapsed appointment or contract is, for the purpose of staff rule 11.2, considered a “staff member”. As a former staff member, the Applicant was not exempt from submitting a request for management evaluation. Therefore, the Tribunal was not competent to entertain this application.
The circumstances of the Applicant's severe illness, travel difficulties and the security issues in Sudan were all worthy considerations duly taken into account by the Organization during efforts made to accommodate the Applicant and achieve partial resolution as aforementioned. On receipt of the Applicant’s management evaluation request, it was also within the discretion of the Respondent based on staff rule 11.2(c) to extend the 60- day deadline. That discretion, however, does not extend to the Tribunal. The Tribunal has no jurisdiction to waive the management evaluation request deadlines...
UNAT considered the Appellant’s appeal and found that the Appellant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNAT held that the application for suspension of action during the pendency of management evaluation was rightly declared not receivable as it was time-barred. UNAT held that UNDT did not exceed or wrongly exercise its jurisdiction in rejecting the suspension of action. UNDT dismissed the appeal and upheld the UNDT judgment.
Noting the Secretary-General’s contention that administrative review by ICAO is the equivalent of management evaluation under Article 7(3) of the UNAT Statute, and Article 7(3) must be interpreted in the same manner as Article 8(3) of the UNDT Statute, UNAT agreed that Article 7(3) prohibited UNAT from waiving the deadline by which the Appellant was required to seek administrative review. UNAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of the Appellant since AJAB did not consider the merits of those claims as the neutral first instance...
UNAT held that UNDT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. UNAT held that UNDT, in reaching its decision, correctly assessed the publication of the President’s Order against the definition of an administrative decision and was correct in finding that both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on...
UNAT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic’s appeal, UNAT held that UNDT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General’s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by UNDT, UNAT held that the approach of UNDT did not merit the remedy...
UNAT held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. UNAT held that UNRWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. UNAT held that UNRWA’s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. UNAT noted that the Commissioner-General did not dispute the Appellant’s claim that the UNRWA Area Staff Rules...
UNAT affirmed UNDT’s finding that the staff member’s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the UNDT Statute and Staff Rule 11.2(a). UNAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...
