2020-Ģ��ƵAT-1005

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant��s request for an oral hearing. Ģ��ƵAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before Ģ��ƵDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman��s Office is not sufficient in this regard. Ģ��ƵAT held that Ģ��ƵDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a timely request for management evaluation of the contested decision. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The staff member contested the decision to separate him from service without payment of a termination indemnity. Ģ��ƵDT dismissed his application as not receivable due to his failure to make a timely request for management evaluation.

Legal Principle(s)

Management evaluation is a mandatory first step in the appeal process. A mere request for assistance from the Ombudsman��s Office is not sufficient in order to conclude that the deadlines for management evaluation have been extended by the Secretary-General. A request for an oral hearing may be granted when it would ��assist in the expeditious and fair disposal of the case��.

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

Barri

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