UNDT/2014/084, Ibom
Management evaluation: The Tribunal noted that the contested decision was notified to the Applicant on 30 June 2008 and yet he waited until 20 January 2014, more than five years after the fact, to submit a request for management evaluation. The Tribunal concluded that where an applicant fails to request management evaluation in a timely manner, the Dispute Tribunal has no jurisdiction to consider his/her application. Lastly, the Tribunal noted that even if it was minded to consider the Application, the provisions of article 8.4 of the UNDT Statute clearly place a bar on any such action. Costs: The Tribunal was of the view that the Applicant, by the filing of this frivolous Application, had manifestly abused the proceedings. The Tribunal noted that if he were still in the employment of the Organization in any capacity, it would have been prudent to order costs against him to the tune of USD500. However, since he is no longer a staff member, the Tribunal noted that this is not a feasible option.
The Applicant challenged the decision of the Deputy Resident and Humanitarian Coordinator in South Sudan not to renew his fixed-term appointment (FTA) beyond 30 September 2008.
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