51³Ô¹Ï

The UNAT held that the UNDT erred in suggesting that it was the former staff member’s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The UNAT further held that the Administration’s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration’s prerogative to make regarding the judicial proceeding. The Administration’s opinion that the matter was closed was not a decision of the UNDT and did not have the effect of closing the matter before the UNDT.

The UNAT held that although the staff member failed to pursue his claim for over 12 years, it could not be rejected on the basis that it was not receivable when he filed it with the JCD timeously, in the manner required, it had already been referred to the JDC and was required to have been transferred to the UNDT. Any shortcomings in the transfer of cases from the JDC to the UNDT was not attributable to the former staff member. He therefore should not be denied access to justice.

The UNAT found that the UNDT erred in finding the staff member’s application not receivable and reversed the UNDT Judgment.