UNDT/2022/096

UNDT/2022/096, Handy

UNAT Held or UNDT Pronouncements

A former staff member contesting a decision stemming from his elapsed appointment or contract is, for the purpose of staff rule 11.2, considered a 鈥渟taff member鈥�. As a former staff member, the Applicant was not exempt from submitting a request for management evaluation. Therefore, the Tribunal was not competent to entertain this application.

Decision Contested or Judgment/Order Appealed

Secretary-General鈥檚 decision to withhold the Applicant's final pay and pension entitlement since 2 November 2021.

Legal Principle(s)

Under staff rule 11.2, a staff member, prior to filing of an application before the UNDT, 鈥渟hall, as a first step, submit to the Secretary-General in writing a request for a management evaluation of the administrative decision鈥�. Moreover, art. 8.1(c) of the Dispute Tribunal鈥檚 Statute provides that an application is receivable if the contested administrative decision has previously been submitted for management evaluation

Outcome

Dismissed as not receivable

Outcome Extra Text

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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

Handy

Entity

MINUSCA

Case Number(s)

UNDT/NBI/2022/036

Tribunal

UNDT

Registry

Nairobi