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UNDT/2015/121

UNDT/2015/121, Hammond

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant did not file a request for management evaluation prior to the filing of his application. Therefore, his application was dismissed as manifestly not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant, a fixed-term staff member of the United Nations Environment Programme, submitted an application contesting the decision to extend his contract only for one year, instead of two years.

Legal Principle(s)

Requirement of management evaluation: Pursuant to art. 8.1 of the Statute of the Dispute Tribunal, as read with staff rule 11.2(a), an applicant must, as a mandatory first step (other than in cases that fall under staff rule 11.2(b)), request management evaluation of the contested decision before filing an application with the Tribunal. It is thus trite law that where an applicant has failed to request management evaluation, the Tribunal has no jurisdiction to consider his or her application.Purpose of management evaluation: The requirement for management evaluation assures that there is an opportunity to speedily resolve a staff member’s complaint or dispute without the need for judicial intervention, within the time limit specified by the Statute and the Staff Rules.Extension of deadlines for management evaluation: In view of the language of art. 8.3 of the Statute and staff rule 11.2, as well as the jurisprudence of the United Nations Appeals Tribunal, the applicable deadlines may be extended only by the Secretary-General pending efforts for informal resolution conducted by the Office of the Ombudsman, under conditions specified by the Secretary-General.

Outcome
Dismissed as not receivable

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