UNDT/2019/123

UNDT/2019/123, Bongo

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Full judgment

UNAT Held or UNDT Pronouncements

The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, the Applicant did not request management evaluation of the contested administrative decision. Accordingly, the application was dismissed as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested MONUSCO’s decision to abolish his post by budget cut.

Legal Principle(s)

Pursuant to art. 8.1(c ) of the UNDT Statute, an application is receivable if an Applicant has previously submitted the contested administrative decision for management evaluation, where required.

Outcome

Dismissed as not receivable

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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.

Applicants/Appellants
Bongo
Entity
MONUSCO
Case Number(s)
UNDT/NBI/2019/095
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Izuako
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Separation from service
Applicable Law
UNDT Statute