2013-Ģ��ƵAT-345

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT considered it both reasonable and practical to provide for two different dates from which the time limit commenced to run. When the management evaluation is received within the deadline of 45 days, an application must be filed with the Ģ��ƵDT within 90 calendar days of an applicant��s receipt of the management evaluation response. However, when the management evaluation is received after the deadline of 45 calendar days but before the expiration of 90 days for applying to Ģ��ƵDT, the receipt of the management evaluation will result in setting a new deadline for seeking judicial review before Ģ��ƵDT. Ģ��ƵAT, therefore, agreed with Ģ��ƵDT that the application was receivable. Ģ��ƵAT dismissed the Secretary-General��s appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT judgment: The Applicant contested the decision not to select her for a G-5 post. Ģ��ƵDT found, inter alia, that the application was receivable, ratione temporis, as it had been filed within 90 calendar days of the tardy Management Evaluation Unit��s response.

Legal Principle(s)

When the management evaluation is received after the deadline of 30 or 45 calendar days but before the expiration of 90 days for applying to Ģ��ƵDT, the receipt of the management evaluation response will result in setting a new deadline for seeking judicial review before Ģ��ƵDT.

Outcome

Appeal dismissed on merits

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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.

Applicants/Appellants

Neault

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement