UNDT/2013/033 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/033, Masylkanova

UNAT Held or UNDT Pronouncements

The UNDT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The UNDT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the UNDT. The UNDT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the UNDT on account of her being a former staff member. The application was dismissed.

Decision Contested or Judgment Appealed

The Applicant contested the decision to disband and not reinstate the fact-finding panel formed in February 2012 to investigate her allegations of harassment and abuse of authority by her supervisor in 2011 when she served under a temporary appointment with UNAMA.

Legal Principle(s)

Former staff members and requests for management evaluation: Claims by staff members and former staff members alike against administrative decisions alleged to be in violation of their rights are subject to the established appeal procedures, including the requirement of seeking timeous management evaluations with respect to the contested administrative decisions. When asserting the rights they acquired whilst employed by the Organization, former staff members cannot at the same time refuse to follow the appeal procedures that those rights are subject to under the same Staff Rules.

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

Masylkanova

Entity

UNAMA

Case Number(s)

UNDT/NY/2012/085

Tribunal

UNDT

Registry Location :

New York