2023-Ģ��ƵAT-1316

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.

The Ģ��ƵAT found that the Ģ��ƵDT did not commit any errors when it found that the staff member��s application was irreceivable ratione materiae.

The Ģ��ƵAT noted that the Ģ��ƵDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when Ģ��ƵICEF accepted his resignation. His request for management evaluation was filed outside the 60-day statutory time limit.

The Ģ��ƵAT was of the view that there was no evidence that the Secretary-General extended the management evaluation deadline. A mere request for assistance from the Ombudsman��s Office is not sufficient in this regard. A formal mediation process was never initiated.

The Ģ��ƵAT dismissed the appeal and affirmed Judgment No. Ģ��ƵDT/2022/003.

Decision Contested or Judgment/Order Appealed

A former staff member contested his separation from service on the grounds of constructive dismissal and coerced resignation by the United Nations Children��s Fund (Ģ��ƵICEF).

In Judgment No. Ģ��ƵDT/2022/003, the Ģ��ƵDT found that he had submitted a management evaluation request out of time.

The staff member appealed.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeal process. Strict adherence to filing deadlines assures one of the goals of our new system of administration of justice: the timely hearing of cases and rendering of judgments.

Staff members are presumed to know the Regulations and Rules applicable to them. Ignorance cannot be invoked as an excuse.

Participation in the mediation efforts does not automatically extend the time limit for filing a request for management evaluation.

Usually, an explicit decision of the Secretary-General in favour of the staff member is necessary before the Ģ��ƵDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General.

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

Tejbir Singh Soni

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Case Number(s)

Tribunal

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Date of Judgement