UNDT/2023/036 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/036, KAMDEM SOUOP

UNAT Held or UNDT Pronouncements

The Applicant requested management evaluation on 27January 2023. The deadline for the management evaluation response was 13 March 2023. The Applicant filed his application on 13 February 2023, which was 28 days before the management evaluation response was due.

Consequently, the Tribunal found the application to be prematurely filed and therefore, not receivable.

Decision Contested or Judgment Appealed

Non reimbursement of travel expenses for medical evacuation to Morocco in April-May 2022.

Legal Principle(s)

Staff rule 11.2 and art. 8 of the UNDT Statute require only a request for management evaluation and not necessarily to obtain it. However, the Appeals Tribunal has stressed the obligation to await management evaluation. The purpose of management evaluation is to provide the administration the opportunity to correct any error in an administrative decision so that judicial review of the administrative decision is not necessary and it gives the Applicant the opportunity to consider the reasons on the part of the Administration before filing the application, thus promoting the rationality and completeness of the arguments before the Tribunal.

As held by this Tribunal in Steinbach UNDT/2018/034, the application which had been filed without the result of management evaluation remains not receivable also after the management evaluation has been issued. Such a situation,for an Applicant who wishes to pursue his or her claim before the Dispute Tribunal, requires a new filing in accordance with the applicable time limits.

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

KAMDEM SOUOP

Entity

UNDP

Case Number(s)

UNDT/NBI/2023/015

Tribunal

UNDT

Registry Location :

Nairobi