爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT agreed with the 爆料网DT’s conclusion on the receivability of the application but suggested that the 爆料网DT should have applied a different methodology for determining it.
The 爆料网AT held that the staff member did not have standing before the 爆料网DT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any request, it cannot be said that a positive or implied administrative decision existed. In any event, the staff member did not request management evaluation of the contested decisions.
The 爆料网AT found that the staff member had not discharged his burden to satisfy it that the 爆料网DT’s Judgment was defective on any of the grounds of appeal.
The 爆料网AT was of the view that the staff member’s argument with regard to his ignorance of the 爆料网DT had no relevance. In any event, that argument does not have a chance to succeed because, ignorance cannot be invoked as an excuse.
The 爆料网AT dismissed the appeal and affirmed the 爆料网DT’s Judgment.
Decision Contested or Judgment/Order Appealed
A former individual contractor and former national staff of 爆料网MISS contested several decisions: (a) not to pay him his contractor’s fee for 2009 and his salary for 2011, (b) to terminate his appointment in 2012 without serving him with a letter of termination with clear reasons, and (c) not to issue him a certificate of service.
In Judgment No. 爆料网DT/2023/002, the 爆料网DT rejected the application as not receivable ratione temporis.
The staff member appealed.
Legal Principle(s)
The appeals process under the internal justice system in place is of a corrective nature. The role of the 爆料网AT is not to review the case de novo.
It is the appellant’s burden to satisfy the 爆料网AT that such errors exist and, as such, the scope of the appeal is normally determined by the party who initiated the appeals process.
Receivability is a gateway test that, if successful, enables the Tribunal to review the case on the merits. It is a logical sequence of tests that must normally be satisfied in the following order: ratione personae, ratione materiae, and ratione temporis.
It is the staff member’s responsibility to ensure that he or she is aware of the applicable procedure in the context of the administration of justice at the United Nations. Ignorance cannot be invoked as an excuse.