2022-UNAT-1284, Ihsanullah Khan
The UNAT first addressed the staff member’s request for an oral hearing. The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation. The UNAT rejected this argument, noting that the appeal was a review of the UNDT judgment based on the evidence presented to the UNDT, and the staff member had not applied to present new evidence. The UNAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration. The request for the oral hearing was denied.
On the merits, the UNAT held there was no error in the UNDT Judgment. The UNAT concluded that pursuant to Staff Rule 11.2(c), the staff member’s failure to seek management evaluation until more than 60 days had elapsed since he was notified of the contested decisions meant that he could not apply to the UNDT to challenge those decisions. The UNAT further noted that under Article 8.3 of the UNDT Statute, the UNDT had no authority to waive the deadline for making a request for management evaluation. The UNAT noted that despite the staff member’s pleas about the injustice of his plight, given his medical condition, neither the UNAT nor the UNDT had the power to waive these time limits.
The appeal was dismissed.
In Judgment No. UNDT/2021/117, the Dispute Tribunal denied the staff member’s application contesting various decisions of the Administration denying reimbursement of expenses incurred in connection with his medical travel and his requests for security evacuation allowances. The UNDT denied the application because the staff member had not made timely requests for management evaluation of the contested decisions.
The staff member appealed, arguing that his incapacitation due to illness warranted an exception to the time limitations.
It is well-settled that the Dispute Tribunal may only review decisions that have been the subject of a timely request for management evaluation.
Although the Dispute Tribunal has discretionary powers to vary time limits for taking steps in relation to litigation, Article 8.3 of its Statute expressly provides that it lacks jurisdiction to waive deadlines for management evaluation.