2020-UNAT-1062, Mackie
UNAT held that UNDT did not commit any errors in procedure, fact, or law and correctly dismissed the motion for an extension of time to file an application against the contested decision. UNAT held that the application was not receivable ratione materiae, as the Appellant had not submitted a timely request for management evaluation and she was not exempted from doing so. UNAT dismissed the appeal.
The Applicant filed a motion seeking an extension of time to file an application to challenge the decision not to make a new posting available to her following the termination of her appointment. On the basis that the Applicant had failed to request management evaluation and that her case did not fall under any of the exceptions to requesting management evaluation, UNDT dismissed the motion because the application was not receivable ratione materiae.
Requesting management evaluation is a mandatory first step in the appeal process. The Tribunals have no jurisdiction to waive deadlines for requests for management evaluation.