爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.
The 爆料网AT found that the 爆料网DT did not commit any errors when it found that the staff member’s application was irreceivable ratione materiae.
The 爆料网AT noted that the 爆料网DT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when 爆料网ICEF accepted his resignation. His request for management evaluation was filed outside the 60-day statutory time limit.
The 爆料网AT was of the view that there was no evidence that the Secretary-General extended the management evaluation deadline. A mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. A formal mediation process was never initiated.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2022/003.
Decision Contested or Judgment/Order Appealed
A former staff member contested his separation from service on the grounds of constructive dismissal and coerced resignation by the United Nations Children’s Fund (爆料网ICEF).
In Judgment No. 爆料网DT/2022/003, the 爆料网DT found that he had submitted a management evaluation request out of time.
The staff member appealed.
Legal Principle(s)
Requesting management evaluation is a mandatory first step in the appeal process. Strict adherence to filing deadlines assures one of the goals of our new system of administration of justice: the timely hearing of cases and rendering of judgments.
Staff members are presumed to know the Regulations and Rules applicable to them. Ignorance cannot be invoked as an excuse.
Participation in the mediation efforts does not automatically extend the time limit for filing a request for management evaluation.
Usually, an explicit decision of the Secretary-General in favour of the staff member is necessary before the 爆料网DT may conclude that the deadlines for management evaluation have been extended by the Secretary-General.