UNAT Held or UNDT Pronouncements

Management Evaluation - It was held that the Management Evaluation Unit (MEU) and the Tribunal operate on different deadlines and receivability thresholds and that the Tribunal cannot be bound by the findings of the MEU regarding the receivability of a case. Receivability - The Tribunal found that in this case, the entire 26 month period during which the Applicant was estranged from the Organization formed part of the same continuum punctuated by different contradicting decisions all of which centered on the singular issue of abuse of authority. Given the continuous nature of the Applicant’s claim, the Application was held to be receivable as the request for management evaluation was made timeously. It was held that in certain circumstances, such as those in this case, one may be subjected to recurring acts of prohibited conduct but be unable to recognize the true character of the manner of treatment one has been subjected to until it has gone on for an appreciable length of time.

Decision Contested or Judgment/Order Appealed

On 21 February 2012, the Applicant filed an Application contesting decisions taken by officials at the United Nations Mission in Iraq (UNAMI) to keep him on sick leave for a period of more than two years as well as the failure by UNAMI to reimburse financial claims that accrued to the Applicant during that period. The Application was challenged by the Respondent who claimed that it was not receivable.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal found and held that the Applicant’s claim was receivable as he had requested for management evaluation within the requisite time limits.

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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.

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