UNDT/2015/118

UNDT/2015/118, Fikri

UNAT Held or UNDT Pronouncements

Receivability ratione personae: The Tribunal is not competent to hear applications filed by a (former) individual contractor, who was not a staff member, a former staff member or a person making claims in the name of an incapacitated or deceased staff member; such an application is not receivable, ratione personae.Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has timely requested management evaluation. Failure to file a timely request for management evaluation, when required, makes the application irreceivable, ratione materiae.

Decision Contested or Judgment/Order Appealed

The Applicant was hired under a UNOPS individual contractor agreement to provide services to the UNHCR from 2 February 2015 to 31 December 2015. On 11 September 2015, the UNHCR Representative in Malaysia sent a letter to the Applicant, stating that her service was terminated on 4 September 2015. This is the decision contested by the Applicant. The Tribunal found the application to be irreceivable ratione personae and ratione materiae, since the Applicant did not qualify as such under article 3 of the UNDT Statute and failed to file a (timely) request for management evaluation.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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.

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