UNDT/2012/153, Abo-Esabia
UNAT Held or UNDT Pronouncements
Receivability of application for suspension of action pending management evaluation: It results from article 2.2 of the Tribunal’s Statute read in conjunction with staff rule 11.2(c) that a request for suspension of action during the pendency of the management evaluation may only be receivable if the request for management evaluation has been submitted in due time.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application for suspension of action, pending management evaluation, on the decision to discontinue his post with effect from 1 January 2013. The Tribunal noted that the Applicant had been notified of the decision to discontinue his post on 27 June 2012 and that he submitted his request for management evaluation only on 1 October 2012, that is, well after the 60-day time limit foreseen in staff rule 11.2(c). It accordingly rejected the application as irreceivable.