UNDT/2021/122, Garba
The Tribunal concluded that the Application was not receivable because the contested decision was made on 21 May 2020 and the Applicant requested management evaluation on 25 October 2020, based on a later decision by MONUSCO dated on 8 October 2020. The Tribunal held that the 8 October 2020 email did not reset the time line for requesting management evaluation because it was a reiteration of the 21 May 2020 decision. The Tribunal recalled that the Appeals Tribunal held that “the reiteration of an administrative decision does not reset the clock with respect to the statutory timelines; rather the time starts to run from the date the original decision was made. Accordingly, the application, was found irreceivable because the Applicant did not request management evaluation within 60 calendar days of the date of receipt of notification of the contested decision as per staff rule 11.2(c). The Tribunal further established that the Applicant accepted the settlement offer and signed the Settlement Agreement without objection after both his lawyer and the MONUSCO Human Resources Officer had informed him that it did not include the three months’ salary in lieu of notice. The exchange of correspondence shows that the Applicant was engaged in a free and uninhibited negotiation of the terms of the settlement. He was told prior to signing, that the Agreement did not include the payment of salary in lieu of notice. The Tribunal thus held that the contested issues were fully, fairly and finally resolved between the parties.
The Applicant contested MONUSCO’s decision to not pay him three months’ salary in lieu of notice of the termination of his appointment.
Pursuant to staff rule 11.2(c ), a request for a management evaluation shall not be receivable by the Secretary-General unless it is sent within 60 calendar days from the date on which the staff member received the notification of the administrative decision to be contested. Pursuant to art. 8.3 of the Dispute Tribunal’s Statute, the Tribunal has no power to waive or suspend the deadlines for management evaluation. As per the settled jurisprudence, the Dispute Tribunal may only review decisions that have been the subject of a proper and timely request for management evaluation. Further, it is firmly established in the jurisprudence that a staff member may not accept an agreed separation package and then appeal the underlying administrative decision. An agreed termination on terms negotiated free from any duress or misrepresentation is an essential feature of good employment relations and should be given effect and honoured by the contracting parties. The legal consequences of a valid agreement are similar to those of a final judgment (res judicata).