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UNDT/2012/059

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UNDT/2012/059, Kamanou

UNAT Held or UNDT Pronouncements

Receivability/administrative decision: Preparatory measures such as the decision not to prepare a work plan for the purpose of appraising a staff member’s performance can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member’s performance appraisal. Rebuttal procedure: It results from ST/AI/2002/3 that a staff member may not challenge before the Tribunal his/her performance rating unless he/she has previously initiated the rebuttal process provided for in this administrative instruction.

Decision Contested or Judgment/Order Appealed

The Applicant challenged her 2007-2008, 2008-2009, 2009-2010 and 2010-2011 performance appraisals. The Tribunal observes that the Applicant failed to initiate a rebuttal process in relation to her 2007-2008 and 2009-2010 performance appraisals. It further rejects as unsubstantiated her contention that the rebuttal process was not finalised in relation to her 2008-2009 performance appraisal. Lastly, it observes that she failed to request management evaluation of the rating given for the 2010-2011 performance cycle. Accordingly, it rejects the Application.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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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
Kamanou
Entity
DESA
Case Number(s)
UNDT/GVA/2011/76
Tribunal
UNDT
Registry
Geneva
Date of Judgement
Judge(s)
Judge Cousin
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Administrative decision
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Applicable Law
Administrative Instructions