UNDT held that the Applicant’s challenge to the expiry/termination of his contract was filed out of time and, thus, not receivable. There was no evidence before UNDT to show that a disciplinary investigation was conducted against the Applicant. UNDT held that if such an investigation did take place then there was no evidence that it was concluded, and no evidence that a formal disciplinary measure was imposed against the Applicant as a result. UNDT also held that the Applicant did not make a timely request for management evaluation with respect to this issue and, as such, it was not receivable...
UNIPSIL
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Disciplinary matters / misconduct
Facts (establishment of) / evidence
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Administrative decision
Notification
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
UNDT held that the Application was receivable on the ground that a decision not to select a candidate for a post is an administrative decision within the jurisdiction of the Tribunal. UNDT held that the Application was not res judicata. UNDT noted that the issue in the present case regarded a different administrative decision from the one deemed not receivable in a previous Judgment (Case No. UNDT/NBI/2013/014). UNDT held that the Applicant had knowledge of the decision not to appoint him to the Special Representative of the Secretary-General post on 22 May 2013 and that time for a request for...