2015-Ģ��ƵAT-558

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. Ģ��ƵAT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that Ģ��ƵDT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. Ģ��ƵAT held that the Ģ��ƵDT erred on a question of law in finding that it could not determine the receivability of the application. Ģ��ƵAT upheld the Secretary-General��s appeal, vacated the Ģ��ƵDT judgment and dismissed Mr Kouadio��s cross-appeal.

Decision Contested or Judgment/Order Appealed

Mr Kouadio contested the non-renewal of his appointment due to the abolition of his post. Ģ��ƵDT considered that it was unable to take a decision on receivability without the Administration having notified the Applicant in writing. Ģ��ƵDT ordered the Administration to notify Mr Kouadio in writing.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeals process. Ģ��ƵDT has no power to suspend or waive the deadlines for management evaluation.

Outcome

Appeal granted

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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

Kouadio

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement