2020-UNAT-992, Manoharan 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 management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicants wished to challenge a salary survey which led to a downward salary revision. UNDT rejected the applications as not receivable ratione materiae because the Applicants failed to request management evaluation before applying to UNDT.
To waive the requirement of management evaluation is the prerogative of the Secretary-General and the Tribunals have no authority in this respect.