Ä¢¹½ÊÓÆµ

Ä¢¹½ÊÓÆµDT/2013/007

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

The Ä¢¹½ÊÓÆµDT found that the application was not receivable as the Applicant failed to request a management evaluation of the contested decision. The Ä¢¹½ÊÓÆµDT found that the Applicant¡¯s communications with the Human Resources Management Section of the United Nations Office in Vienna in July 2012 did not amount to a request for management evaluation, and even if they were accepted as such a request, it would have been out of time by approximately three months.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the United Nations Office on Drugs and Crime (¡°Ä¢¹½ÊÓÆµODC¡±) not to renew his contract beyond 29 February 2012.

Legal Principle(s)

Requirement of management evaluation: Pursuant to art. 8.1 of the Statute of the Ä¢¹½ÊÓÆµDT, read together with staff rule 11.2(a), an applicant must, as a mandatory first step in cases that do not fall under staff rule 11.2(b), request management evaluation of a contested decision before filing an application with the Ä¢¹½ÊÓÆµDT. The purpose of such management evaluation is primarily to allow management to review, and possibly correct, the challenged administrative decision, thereby avoiding unnecessary litigation before the Ä¢¹½ÊÓÆµDT. Where the concerned individual has failed to request management evaluation, the Ä¢¹½ÊÓÆµDT has no jurisdiction to consider her or his application.

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.