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UNDT/2024/001, Melbiksis

UNAT Held or UNDT Pronouncements

The application is not receivable ratione materiae on two grounds. First, the alleged contested decision does not carry the capacity to produce direct legal consequences affecting the Applicant’s terms and conditions of employment and, thus, is not a reviewable administrative decision falling under the jurisdiction of the Dispute Tribunal. Second, the Applicant did not file a timely request for management evaluation within the statutory deadline. 

Decision Contested or Judgment Appealed

The Applicant contests the decision by the Inspector’s General Office and the Director of the Division of Human Resources to refuse to provide answers to his questions regarding a former IGO investigation.

Legal Principle(s)

An appealable administrative decision is a decision that has the capacity to produce direct legal consequences affecting a staff member’s terms and conditions of employment.
A request for management evaluation is not receivable when submitted after the statutory 60 calendar days’ deadline.
The Dispute Tribunal has no jurisdiction to waive or suspend the time limits for management evaluation requests.
 

Outcome
Dismissed as not receivable
Outcome Extra Text

Related judgment: UNAdT Judgment No. 1157(2003) 

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