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UNDT/2009/068, Blanc

UNAT Held or UNDT Pronouncements

A request for an administrative review or management evaluation is mandatory with the exception of disciplinary cases. It is clear from the applicant’s submissions that he was well aware that the decision to stop the payment of his salary and the decision not to renew his appointment are two distinct administrative decisions. The applicant failed to request an administrative review or management evaluation of the decision not to pay his salary. Outcome: The application is not receivable.

Decision Contested or Judgment Appealed

The applicant appealed an administrative decision to stop payment of his salary (the contested decision). He submitted, inter alia, that following a complaint he had lodged with his supervisor against a colleague, he became the subject of physical threats and varied accusations. As a result, he took his annual leave, but did not return to work. The applicant was informed by the Chief Civilian Personnel Officer that he had authorized to stop payment of the applicant’s salary until the question of his unauthorized absence from work is resolved. Thereafter a decision was taken not to extend the applicant’s contract. Despite requests from the Registry of the Dispute Tribunal to clarify whether he had requested an administrative review or management evaluation of the contested decision the applicant failed to provide the Dispute Tribunal with a copy of any such administrative review or management evaluation, or a request of such a review or evaluation. He, however, sent to the Dispute Tribunal a copy of a Management Evaluation Report of the decision not to renew his appointment.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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