2013-UNAT-368 | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-UNAT-368, Roig

UNAT Held or UNDT Pronouncements

UNAT agreed with UNDT that the request for management evaluation was time-barred and not receivable. UNAT held that the 60-day time limit for the purpose of requesting management evaluation of a non-selection decision started on 29 October 2010, when the staff member was informed of her non-selection, and not on 17 December 2010, when she learned of the identity of the selected candidate. UNAT held that there was no second administrative decision that reset the time limit; rather, the staff member learning the identity of the selected candidate was a consequence of the administrative decision not to select her. UNAT dismissed the appeal.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to select her for a post at P-4 level. UNDT found that the application was not receivable since the staff member’s request for management evaluation was time-barred.

Legal Principle(s)

A staff member wishing to formally contest an administrative decision shall, as a first step, submit to the Secretary-General in writing a request for management evaluation. The deadlines for management evaluation cannot be suspended or waived.

Outcome

Appeal dismissed on merits

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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

Roig

Entity

DESA

Case Number(s)

2012-416

Tribunal

UNAT

Registry Location :

New York