UNDT/2018/042 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2018/042, Atome

UNAT Held or UNDT Pronouncements

The Tribunal held that the application was not receivable ratione materia. As a first step, a staff member wishing to formally contest an administrative decision, had to submit to the Secretary-General in writing a request for a management evaluation of the administrative decision. In this case, the Applicant did not provide in his application any document showing that he had filed a request for management evaluation, thus failing to meet the mandatory first step. The Tribunal also found that the application was not receivable ratione temporis. The Applicant filed his application over seven years after his receipt of the contested decision, making the application irreceivable pursuant to art. 8.4 of the Tribunal’s Statute.

Decision Contested or Judgment Appealed

The Applicant contested the determination of his 2010-2011 step in grade.

Legal Principle(s)

a) Pursuant to art. 2(6) of the Tribunal’s Statute, the UNDT is competent to review its own competence or jurisdiction when determining the receivability of an application. b) A staff member wishing to formally contest an administrative decision alleging non-compliance with his or her contract of employment or terms of appointment, including all pertinent regulations and rules, is required, as a first step, to submit to the Secretary-General in writing a request for a management evaluation of the administrative decision.

Outcome

Dismissed as not receivable

Outcome Extra Text

The application was dismissed as not receivable ratione materia and ratione temporis.

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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

Atome

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2018/023

Tribunal

UNDT

Registry Location :

Nairobi