UNDT/2020/098, Hammond
UNAT Held or UNDT Pronouncements
The Tribunal understands that in light of HR’s emails, the Applicant could have reasonably understood by mistake that his contract would be further extended pending proceedings in his cases before the Dispute Tribunal. As the Applicant did not request management evaluation within that deadline and waited until 22 June 2019, his application is not receivable.
Decision Contested or Judgment/Order Appealed
Decision not to renew the Applicant’s fixed-term appointment.
Legal Principle(s)
A timely request for management evaluation must be submitted prior to submitting an application to the Tribunal. The Tribunal does not have power to waive the deadlines for the filing of requests for management evaluation or to make any exception to it. The decisive moment of notification for purposes of staff rule 11.2(c) is when all relevant facts were known, or should have reasonably been known. Staff members ought to be able to reasonably rely on the information provided by the Administration’s own HR representatives. The onus is not on the staff member to know that HR representatives made a mistake in their advice. Whenever a mistake is made, the Administration has the duty to correct it.