UNDT/2011/023

UNDT/2011/023, Sahel

UNAT Held or UNDT Pronouncements

The Tribunal cannot review the Alleged Harassment complaint as management evaluation is a prerequisite to an application before the Tribunal—see Planas 2010-UNAT-049 and Syed 2010-UNAT-061. The Tribunal does not have the power to suspend or waive time limits—see Costa 2010-UNAT-036. In this case there was no request for, or grant of an extension by the Secretary General. Therefore, regardless of whether there were attempts at informal resolution (or, indeed any other circumstance or factor), the Applicant’s challenge to the First Decision is out of time as it was filed more than 60 days after the notification of this decision. Outcome: The application is not receivable and is dismissed in its entirety.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decisions (1) not to appoint him to the position of Operations Assistant following his successful application and selection for the post on the basis that he had not passed a required internal examination (“First Decision”); and (2) his alleged harassment arising from a restriction placed on his carrying of a weapon in his official capacity, resulting in his medical evaluation (“Alleged Harassment”).

Legal Principle(s)

The Secretary-General has the power to extend the 60-day period which a staff member has to seek management evaluation.

Outcome

Dismissed as not receivable

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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

Sahel

Entity

UN Secretariat

Case Number(s)

UNDT/NY/2010/066

Tribunal

UNDT

Registry

New York

Date of Judgement