AV

UNDT/2014/013

UNDT/2014/013, Fontaine Ortiz

UNAT Held or UNDT Pronouncements

The Tribunal dismissed the application as time-barred, as the Applicant failed to submit a timeous request for administrative review/management evaluation.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member who served during his last years before retirement as an Inspector with the Joint Inspection Unit (“JIU”), contests the decisions (a) not to grant him a last home leave entitlement, (b) not to grant him a repatriation grant entitlement of 20 weeks on account of his eight years of service as a staff member and 24 weeks for his ten years as JIU Inspector, and (c) not to pay him full assignment grant entitlement upon his appointment as an Inspector. The respective requests were rejected in 2002 and 2010, and again in 2012; the Applicant had not formally contested them at that time. They were confirmed by the ASG/OHRM in November 2012, but the Applicant requested management evaluation only in February 2013.

Legal Principle(s)

Confirmative decisions: Communications that merely confirm previous administrative decisions of identical content do not suspend or re-start the applicable time limits for contestation.

Outcome
Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Fontaine Ortiz
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type