2023-UNAT-1316, Tejbir Singh Soni

UNAT Held or UNDT Pronouncements

The UNAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.

The UNAT found that the UNDT did not commit any errors when it found that the staff member’s application was irreceivable ratione materiae.

The UNAT noted that the UNDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when UNICEF accepted his resignation. His request for management evaluation was filed outside the 60-day statutory time limit.

The UNAT was of the view that there was no evidence that the Secretary-General extended the management evaluation deadline. A mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. A formal mediation process was never initiated.

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2022/003.

Decision Contested or Judgment Appealed

A former staff member contested his separation from service on the grounds of constructive dismissal and coerced resignation by the United Nations Children’s Fund (UNICEF).

In Judgment No. UNDT/2022/003, the UNDT found that he had submitted a management evaluation request out of time.

The staff member appealed.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeal process. Strict adherence to filing deadlines assures one of the goals of our new system of administration of justice: the timely hearing of cases and rendering of judgments.

Staff members are presumed to know the Regulations and Rules applicable to them. Ignorance cannot be invoked as an excuse.

Participation in the mediation efforts does not automatically extend the time limit for filing a request for management evaluation.

Usually, an explicit decision of the Secretary-General in favour of the staff member is necessary before the UNDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General.

Outcome

Appeal dismissed on merits

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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

Tejbir Singh Soni

Entity

UNICEF

Case Number(s)

2022-1677

Tribunal

UNAT

Registry Location :

New York