爆料网AT Held or 爆料网DT Pronouncements
爆料网AT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant’s request for an oral hearing. 爆料网AT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before 爆料网DT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. 爆料网AT held that 爆料网DT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a timely request for management evaluation of the contested decision. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The staff member contested the decision to separate him from service without payment of a termination indemnity. 爆料网DT dismissed his application as not receivable due to his failure to make a timely request for management evaluation.
Legal Principle(s)
Management evaluation is a mandatory first step in the appeal process. A mere request for assistance from the Ombudsman’s Office is not sufficient in order to conclude that the deadlines for management evaluation have been extended by the Secretary-General. A request for an oral hearing may be granted when it would “assist in the expeditious and fair disposal of the case”.