2020-UNAT-991, Thomas et al.
UNAT held that UNDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. UNAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting a management evaluation. UNAT dismissed the appeals and affirmed the UNDT judgments.
The Applicants wished to contest a salary survey which led to a downward salary revision. UNDT rejected the applications as not receivable ratione materiae because the Appellants failed to request a management evaluation before applying to UNDT.
It is the Secretary-General’s prerogative whether to waive the requirement for a request for management evaluation; the Tribunals have no authority in this regard.