爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT noted that the staff member had requested management evaluation 64 days after he was informed of the contested decision.
The 爆料网AT found no merit in the staff member’s arguments that the delay in requesting management evaluation had been minimal or that his permanent incapacity constituted a force majeure which the 爆料网DT was obliged to consider.
The 爆料网AT found no error in the 爆料网DT finding the application not receivable ratione materiae.
The 爆料网AT dismissed the appeal and affirmed the 爆料网DT Judgment.
Decision Contested or Judgment/Order Appealed
A former staff member contested a decision not to open an investigation in relation to his complaint against his former supervisor.
In Judgment No. 爆料网DT/2025/075, the 爆料网DT dismissed the application as not receivable.
The former staff member appealed.
Legal Principle(s)
When the issue on appeal is one of receivability, and the appellant seeks to argue the merits of his claims in an oral hearing, the oral hearing would not assist in the resolution of the case.
The time limit for a staff member to request management evaluation requires strict adherence. The degree of lateness is of no consequence in the determination of the timeliness of requesting management evaluation. Whether a deadline is missed by several minutes, several hours or several days is irrelevant.
The reasons for a staff member’s delay in requesting management evaluation, no matter how compelling or reasonable, cannot be grounds for the Dispute Tribunal or Appeals Tribunal to waive, extend or suspend the time limit.
Staff members are presumed to know the Regulations and Rules applicable to them. 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 of the strict enforcement of time limits cannot be invoked as an excuse.
Once the threshold issue of non-receivability is successfully raised and upheld, the substantive matters can no longer be entertained.