2015-UNAT-558

2015-UNAT-558, Kouadio

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. UNAT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that UNDT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. UNAT held that the UNDT erred on a question of law in finding that it could not determine the receivability of the application. UNAT upheld the Secretary-General’s appeal, vacated the UNDT judgment and dismissed Mr Kouadio’s cross-appeal.

Decision Contested or Judgment/Order Appealed

Mr Kouadio contested the non-renewal of his appointment due to the abolition of his post. UNDT considered that it was unable to take a decision on receivability without the Administration having notified the Applicant in writing. UNDT ordered the Administration to notify Mr Kouadio in writing.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeals process. UNDT has no power to suspend or waive the deadlines for management evaluation.

Outcome

Appeal granted

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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

Kouadio

Entity

Case Number(s)

Tribunal

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