UNDT/2015/105

UNDT/2015/105, Chollet

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The UNDT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the UNDT Statute. The UNDT rejected the application as not receivable ratione materiae.

Decision Contested or Judgment/Order Appealed

The Applicant, a former Functional Analyst at the P-4 level, Umoja project, Department of Management, contested the decision not to renew his fixed-term appointment.

Legal Principle(s)

Deadlines for management evaluation request: The UNDT does not have jurisdiction, pursuant to art. 8.3 of its Statute, to waive or extend the deadlines for management evaluation requests.Reiteration/repetition of the decision: Reiterations or repetitions of the same administrative decision in response to the Applicant’s communication do not reset the clock with respect to the applicable time limits in which the original decision is to be contested.

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

Chollet

Entity

Case Number(s)

UNDT/NY/2014/37

Tribunal

UNDT

Registry :

New York

Date of Judgement