UNDT/2022/046, Barber
The Tribunal found that the Applicant never made any appeal or request to the ABCC for reconsideration of the impugned decision in accordance with art. 17(a) of former Appendix D and that the application was therefore not receivable ratione materiae on that count. The Tribunal concluded that since the 6 February 2019 email was not an appeal/request for reconsideration of the Respondent’s decision, the only contestable decision was one dated 15 January 2019. The Applicant had 30 days to contest that decision by filing a request for reconsideration pursuant to art. 17(a) of former Appendix D but if he sought to contest the 15 January 2019 decision, the application was manifestly not receivable ratione temporis. It was filed outside the time limits of art. 8(1)(d) of the UNDT Statute and staff rules 11.2 and 11.4, whether or not management evaluation was required.
The Applicant was seeking the rescission of the implied administrative decision taken by the Advisory Board on Compensation Claims (“ABCC”) not to process his review filed pursuant to art. 17 of fomer Appendix D to the Staff Rules (Rules Governing Compensation in the Event of Death, Injury or Illness Attributable to the Performance of Official Duties on Behalf of the United Nations).
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