爆料网AT Held or 爆料网DT Pronouncements
With regard to the decisions to transfer the Appellant from 爆料网OPS to GF / WHO, to transfer her back to 爆料网OPS and to put her on reimbursable loan to the GF, to deny her the right to return to 爆料网OPS, and to separate her from 爆料网OPS upon the expiry of her SLWOP on 30 June 2012, 爆料网AT found that 爆料网DT did not err in holding that the Appellant’s challenges were time-barred. 爆料网AT held that the Appellant failed to seek timely management evaluation of her separation from 爆料网OPS on 30 June 2012. With respect to 爆料网DT’s determination that the Appellant was not challenging her financial package and that the basis of her claim related to her separation on 30 June 2012, 爆料网AT upheld 爆料网DT’s decision. 爆料网AT noted that the consequences the Appellant sought to impugn were not timely challenged and that she could not rely on the unchallenged consequences to impugn her separation from service on 30 June 2012. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to separate her from service under a financial package that allegedly did not accurately reflect her contractual status with the Organisation. She also contested the regularity of her transfer from 爆料网OPS to GF / WHO, her transfer back to 爆料网OPS, the reimbursable loan agreement with the Global Fund (GF), as well as the decision to deny her to return to 爆料网OPS upon the expiration of that agreement. 爆料网DT rejected her application ratione temporis with respect to the June 2008 decision to transfer her from 爆料网OPS to the GF, the January 2009 decision to transfer her back to 爆料网OPS and put her on reimbursable loan to the GF, the January 2011 decision to deny her the right to return to 爆料网OPS, and the decision to separate her from 爆料网OPS upon expiry of her Special Leave Without Pay (SLWOP). With respect to the decision to separate the Applicant from service, 爆料网DT found that her request for management evaluation was beyond the 60-day time limit.
Legal Principle(s)
The deadline to submit a request for management evaluation may be extended by the Secretary-General pending efforts for informal resolution conducted by the Office of the Ombudsman, under conditions specified by the Secretary-General.