UNDT/2012/103

UNDT/2012/103, Gehr

UNAT Held or UNDT Pronouncements

Receivability/administrative decision: Preliminary steps such as the choice of a legal basis for a staff member’s performance appraisal or the capacity in which a reporting officer signs off on a performance appraisal 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.

Decision Contested or Judgment/Order Appealed

The Applicant appealed what he described as the decision not to proceed with the rebuttal process in relation to his 2011 performance appraisal. The UNDT found that the Applicant in fact challenged the alternative offered to him by the Administration to replace a rebuttal panel member whose recusal had been sought by the Applicant. It considered that that alternative did not constitute a final decision and, having determined that summary judgment was appropriate, rejected the application.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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Full Judgment

Applicants/Appellants

Gehr

Entity

Case Number(s)

Tribunal

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