��DT/2013/033

��AT Held or ��DT Pronouncements

The ��DT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The ��DT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the ��DT. The ��DT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the ��DT on account of her being a former staff member. The application was dismissed.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to disband and not reinstate the fact-finding panel formed in February 2012 to investigate her allegations of harassment and abuse of authority by her supervisor in 2011 when she served under a temporary appointment with ��AMA.

Legal Principle(s)

Former staff members and requests for management evaluation: Claims by staff members and former staff members alike against administrative decisions alleged to be in violation of their rights are subject to the established appeal procedures, including the requirement of seeking timeous management evaluations with respect to the contested administrative decisions. When asserting the rights they acquired whilst employed by the Organization, former staff members cannot at the same time refuse to follow the appeal procedures that those rights are subject to under the same Staff Rules.

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Masylkanova

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement