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UNDT/2020/052

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UNDT/2020/052, Atome

UNAT Held or UNDT Pronouncements

As the Applicant had effectively withdrawn his request for management evaluation, the application was not receivable ratione materiae under staff 11.2(a). Related

Decision Contested or Judgment/Order Appealed

Refusal to reassign the Applicant and non-selection for a post.

Legal Principle(s)

For the application to be receivable, an applicant must first request management evaluation of the contested administrative decision. If a settlement agreement is reached between the Administration and a staff member concerning her/his rights of employment, such agreement by itself conveys rights and obligations to her/him regarding her/his terms of appointment. A staff member can therefore appeal any administrative decision that s/he alleges in non-compliance therewith.

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
Atome
Entity
MINUJUSTH
Case Number(s)
UNDT/NY/2018/013
Tribunal
UNDT
Registry
New York
Date of Judgement
Judge(s)
Judge Adda
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Applicable Law
Staff Rules
UNDT Statute