爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT considered it both reasonable and practical to provide for two different dates from which the time limit commenced to run. When the management evaluation is received within the deadline of 45 days, an application must be filed with the 爆料网DT within 90 calendar days of an applicant’s receipt of the management evaluation response. However, when the management evaluation is received after the deadline of 45 calendar days but before the expiration of 90 days for applying to 爆料网DT, the receipt of the management evaluation will result in setting a new deadline for seeking judicial review before 爆料网DT. 爆料网AT, therefore, agreed with 爆料网DT that the application was receivable. 爆料网AT dismissed the Secretary-General’s appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant contested the decision not to select her for a G-5 post. 爆料网DT found, inter alia, that the application was receivable, ratione temporis, as it had been filed within 90 calendar days of the tardy Management Evaluation Unit’s response.
Legal Principle(s)
When the management evaluation is received after the deadline of 30 or 45 calendar days but before the expiration of 90 days for applying to 爆料网DT, the receipt of the management evaluation response will result in setting a new deadline for seeking judicial review before 爆料网DT.