UNDT/2023/032 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/032, Lawani

UNAT Held or UNDT Pronouncements

The Applicant does not contest the fact that he became aware of the contested decision at the latest on 31 December 2021, when he separated from service, and that he requested management evaluation of the contested decision on 15 April 2023, more than a year after the statutory deadline.

To justify the delayed submission of his request for management evaluation, the applicant points to his medical condition. The Tribunal is however not competent to “suspend or waive deadlines for management evaluation” (art. 8.3 of its Statute).

Accordingly, the Tribunal found that the Applicant’s request for management evaluation was time-barred, and his application was therefore not receivable.

Decision Contested or Judgment Appealed

The Applicant contests the decision not to extend his temporary appointment beyond 31 December 2021.

Legal Principle(s)

The Dispute Tribunal may only review decisions that have been the subject of a timely request for management evaluation (see Khan 2022-UNAT-1284, para. 52). The Appeals Tribunal has consistently held that “time limits in the context of the administration of justice in the United Nations’ internal justice system must be observed and strictly enforced” (see Lolo Mkhabela 2022-UNAT-1289, para. 34).

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

Lawani

Entity

OHCHR

Case Number(s)

UNDT/GVA/2023/015

Tribunal

UNDT

Registry Location :

Geneva