UNDT/2024/042

UNDT/2024/042, ��’D��

UNAT Held or UNDT Pronouncements

It is not in dispute that the Applicant received notice of the contested decision on 8 May 2023 and that he only sought management evaluation in respect of the contested decision on 2 May 2024, approximately one year later. Since the management evaluation request was submitted outside of the statutory 60-day deadline stipulated in staff rule 11.2(c), the application is non-receivable ratione materiae (see, also, Christensen 2013-UNAT-335).

The Respondent’s motion for summary judgment was granted.

Decision Contested or Judgment/Order Appealed

The Applicant contested the “non-renewal of [his] contract following false allegations”.

Legal Principle(s)

Under the jurisprudence of the Appeals Tribunal, summary judgment is an appropriate procedure for the Dispute Tribunal to adopt in order to determine the receivability of an application since the issue in such circumstances is one of law and not fact. The summary judgment procedure allows the Dispute Tribunal to determine the issue without receiving any argument or evidence from the parties. (See, for instance, AAP 2023-UNAT-1391, para. 27; Auda 2017-UNAT-740, para. 18; Kazazi 2015-UNAT-557, paras. 41-42.)

Outcome

Dismissed as not receivable

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

Full Judgment

Applicants/Appellants

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Entity

UNHCR

Case Number(s)

UNDT/NY/2024/025

Tribunal

UNDT

Registry

New York