UNAT Held or UNDT Pronouncements
The UNAT noted that a part of the staff member’s request for management evaluation appeared not to have been considered by the UNDT. The UNAT was of the view that the information in the MER standard form constituted a request for management evaluation of the contested decisions, including breach of an alleged promise to continue her employment by maintaining funding of her post for a particular period. The UNAT held that the staff member had raised sufficiently the issues of the lawfulness of the abolition of her post and the termination of her employment to have met the requirements of their receivability by the UNDT. The UNAT also found that its conclusion was reinforced by other documents. The UNAT held that the UNDT had erred in law in finding the application not receivable.
The UNAT granted the appeal, reversed the UNDT Judgment, and remanded the case to the UNDT for consideration on the merits.
Decision Contested or Judgment/Order Appealed
A former staff member contested a decision to abolish her post and the consequential termination of her fixed-term appointment.
In Judgment No. UNDT/2025/078, the UNDT dismissed her application as not receivable.
The former staff member appealed.
Legal Principle(s)
Receivability is determined, following an objective and informed assessment, by a sufficient and timely request for management evaluation and not by the Administration’s response to that request.