¹ú²úAV

UNAT held that UNDT correctly concluded that applications to the UNDT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. UNAT found no merit in the Appellant’s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. UNAT upheld the UNDT’s consideration that in the event of any ambiguity or contradiction between the UNDT Statute and the Staff Rules, the former must prevail over the latter. UNAT held that it was satisfied that UNDT was correct in law in rejecting the application as not receivable by reason of the Appellant not having sought management evaluation of the administrative decision. UNAT dismissed the appeal and affirmed the UNDT judgment.