爆料网AT Held or 爆料网DT Pronouncements
On the termination decision, 爆料网AT affirmed 爆料网DT’s decision that an individual contracted under an ICA was not a staff member and therefore had no standing before 爆料网DT. 爆料网AT referred the matter of the lack of judicial recourse for individual contractors to the attention of the President of the General Assembly for consideration and possible action. On the decision to recover monies, 爆料网AT noted that, while management evaluation was not required to appeal the imposition of a disciplinary measure, such an argument was not valid in this case because the recovery of monies was not a disciplinary measure, but rather an administrative decision for which management evaluation was a mandatory first step. 爆料网AT held that the Appellant failed to comply with the requirement to request management evaluation before filing his application with 爆料网DT and 爆料网DT did not fail to exercise its jurisdiction in not considering his application. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant, a former 爆料网DP staff member, contested both the decision by 爆料网OPS to terminate his individual contractor agreement (ICA) and the decision of 爆料网DP to recover money from him. On the termination decision, 爆料网DT found that his application was not receivable as he was not a staff member of 爆料网OPS or any other entity of the Organisation and therefore had no locus standi before 爆料网DT. On the decision to recover money, 爆料网DT found that his application was also not receivable, because he, as a former 爆料网DP staff member, had failed to request management evaluation of the contested decision.
Legal Principle(s)
Neither 爆料网DT nor 爆料网AT has jurisdiction to waive deadlines for the filing of requests for management evaluation, or to grant any exceptions to this requirement.