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 “staff member”. 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’s 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, “shall, as a first step, submit to the Secretary-General in writing a request for a management evaluation of the administrative decision”. Moreover, art. 8.1(c) of the Dispute Tribunal’s 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

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Case Number(s)

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