��DT/2016/103

��AT Held or ��DT Pronouncements

��DT deemed it appropriate to decide on the application, without first transmitting a copy of the application to the Respondent for a reply. The Applicant should have requested management evaluation of the contested decision, but failed to do so. ��DT rejected the application as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to close the case after investigation of her complaint against her supervisor for prohibited conduct under ST/SGB/2008/5 and not to grant her compensation for the damages that she allegedly suffered.

Legal Principle(s)

The issue of receivability is a matter of law which may be adjudicated even without serving the application to the Respondent for reply and even if it was not raised by the parties. The jurisdiction of ��DT can only be exercise if the contested administrative decision has previous been submitted for management evaluation, where required. Management evaluation is a mandatory administrative review to be undertaken prior to the submission of an application to ��DT and it is not open to ��DT to waive this requirement or make any exception to it.

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

Fayek

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement