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UNDT/2013/126

UNDT/2013/126, Zhao Sun

UNAT Held or UNDT Pronouncements

The Applicant requested management evaluation as a result of the Registry of the Tribunal informing her that the absence of a request for management evaluation rendered her application incomplete. UNOPS reviewed and responded to her request and rejected it on the merits. UNOPS also added that her claim for permanent appointment was out of time. This case has to be distinguished from Simmons UNDT/2013/15 where the Tribunal found that the Management Evaluation Unit accepted the request for management evaluation after a written request to and response from the Applicant as to the existence of exceptional circumstances which warranted a waiver of the time limits in that case. In the present case, UNOPS’ response to the Applicant’s request for management evaluation does not contain any such waiver of the applicable time limits and it is not for the Tribunal to waive the time limit for management evaluation as it has no power to do so. The UNDT found that the Applicant did not request management evaluation within the applicable time limits. The application is not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant is contesting the decision to give her a limited extension of her contract to 30 June 2012 and to abolish her post on that date.

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.

Applicants/Appellants
Zhao Sun
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Tribunal
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