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UNDT/2020/008

UNDT/2020/008, Kerby

UNAT Held or UNDT Pronouncements

The Tribunal rejects the application as not receivable. The Applicant’s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.

Decision Contested or Judgment/Order Appealed

Decision not to renew the Applicant’s fixed-term appointment.

Legal Principle(s)

The date of an administrative decision is based on objective elements that both parties (Administration and staff member) can accurately determine. When a contested decision is a non-renewal decision, the Appeals Tribunal has held that such a decision must be given in writing and must be given with some degree of gravitas. This is required because such a decision is perhaps the most significant administrative decision affecting a staff member and is not a decision casually communicated. The reiteration of an administrative decision does not reset the clock with respect to the statutory timelines rather, the time starts to run from the date the original decision was made.

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.

Applicants/Appellants
Kerby
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