¹ú²úAV

Decisions made prior to 2 April 2009 are not excluded from being challenged before the Dispute Tribunal. Outcome: The application was held to be receivable and the motion to dismiss was denied. The instant case was also held to be exceptional, deserving of the waiver and extension of the time limits. The staff member was granted two weeks to file and serve a revised application.

The UNDT identified several deviations in the performance evaluation procedures, but found that some of them resulted from the Applicant’s actions. The UNDT found that no harm warranting compensation was caused to the Applicant, including to her career, by the identified deviations in the performance evaluation process as the Applicant separated from service for medical reasons. The UNDT further found that the decision to reassign the Applicant within the same department was lawful. The application was rejected.