UNDT/2011/087, Benhamou
The Tribunal rejected the application as time-barred because the Applicant had failed to request management evaluation of the contested decision within the established time limit. Authority of the Tribunal to waive the deadlines for management evaluation: The Appeals Tribunal held in several judgments that pursuant to article 8.3 of its Statute, the Dispute Tribunal has no authority to waive the deadline for management evaluation, including where exceptional circumstances may have prevented the staff member from complying with the deadline. Authority of the Secretary-General to waive the deadlines for management evaluation: Pursuant to staff rule 11.2(c), the Secretary-General may extend the deadline for a staff member to request management evaluation only pending efforts for informal resolution conducted by the Office of the Ombudsman. Rules apply equally to staff and the Administration. Accordingly, the Administration had no authority to decide that the reasons put forward by the Applicant to explain his delay in filing his request for management evaluation constituted exceptional circumstances.
The Applicant contested the decision to place adverse material in his personnel file.
N/A