爆料网

2015-爆料网AT-558

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. 爆料网AT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that 爆料网DT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. 爆料网AT held that the 爆料网DT erred on a question of law in finding that it could not determine the receivability of the application. 爆料网AT upheld the Secretary-General’s appeal, vacated the 爆料网DT judgment and dismissed Mr Kouadio’s cross-appeal.

Decision Contested or Judgment/Order Appealed

Mr Kouadio contested the non-renewal of his appointment due to the abolition of his post. 爆料网DT considered that it was unable to take a decision on receivability without the Administration having notified the Applicant in writing. 爆料网DT ordered the Administration to notify Mr Kouadio in writing.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeals process. 爆料网DT has no power to suspend or waive the deadlines for management evaluation.

Outcome

Appeal granted

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 爆料网DT Statute and Article 11(3) of the 爆料网AT 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.