AV

UNDT/2016/053

UNDT/2016/053, Tarr

UNAT Held or UNDT Pronouncements

Finding that the Applicant had been notified about the respective administrative decisions on 12 August 2014, and not in September 2014 as argued by the Applicant, the Tribunal concluded that the Applicant’s request for management evaluation, dated 6 November 2014, was not submitted timely. As a result, the Tribunal ruled that it had no jurisdiction to consider the respective contentions of the parties on the merits of the case and that the Applicant’s claim was not receivable. Management evaluation: the requirement of timely filing a request for management evaluation prior to submitting an application before the Tribunal has been invariably upheld by the Appeals Tribunal, and confirmed as a mandatory first step in the appeals process. The Tribunal has no jurisdiction to either waive the deadlines for the filing of requests for management evaluation with the MEU or make any exception to it; therefore, the Tribunal has no jurisdiction to review decisions that have not been subjected to a timely request for management evaluation.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decisions refusing to a) pay her daily subsistence allowance (“DSA”) beyond the initial period of 30 days of her assignment to Entebbe, Uganda, and b) pay her post adjustment, hardship allowance and additional hardship allowance at the rate applicable to her duty stations, namely Monrovia, Liberia.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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