2020-UNAT-993, Ruyffelaere
UNAT held that the Appellant’s application regarding the implied decision conveyed in a conversation with his colleague was, indeed, not receivable ratione materiae. However, UNAT held that a later letter of response from the Administration effectively re-set the clock for the Appellant to file his request for management evaluation. UNAT held that the express decision in the letter, containing the rejection of the Appellant’s complaint and the reasons, therefore, was not a mere confirmation of the previous implied administrative decision, but a new, appealable decision. UNAT held that UNDT erred in dismissing the application as not receivable ratione materiae. UNAT granted the appeal, reversed the UNDT judgment, and remanded the case back to UNDT for determination on the merits.
The staff member contested the administrative decision not to investigate his complaint of harassment and abuse of authority against his second reporting officer. UNDT dismissed his application as not receivable on the grounds that he had not filed a timely request for management evaluation. Specifically, the UNDT found that the staff member had not submitted a request within 60 days of receipt of notification of the contested decision or the date on which he first came to know of it.
With an implied administrative decision, UNDT must determine the date on which the staff member knew or reasonably should have known of the decision he or she contests.