2019-��AT-977

��AT Held or ��DT Pronouncements

The Appellant sought reversal of the ��DT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. ��AT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. ��AT held that the Appellant failed to submit a request for management evaluation. ��AT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application alleging breach of contract by the Administration in violation of the rules on overtime and compensatory time off. He also alleged he had been subjected to harassment and abuse of authority and challenged the failure to complete his performance evaluation within the applicable deadline. ��DT dismissed the application, concluding that none of the claims were receivable ratione materiae.

Legal Principle(s)

Time limits in the context of the administration of justice in the ��s internal justice system must be observed and strictly enforced. It is incumbent upon ��DT to individualise and define the administrative decision challenged by a party and to identify the subject of judicial review. Before a staff member may file an ST/SGB/2008/5 complaint with the ��DT, he or she must have exhausted the internal remedies set forth therein.

Outcome

Appeal dismissed on merits

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 ��DT Statute and Article 11(3) of the ��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.

Applicants/Appellants

Symeonides

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Case Number(s)

Tribunal

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Date of Judgement