UNDT/2021/114

UNDT/2021/114, Hanjoury

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Full judgment

UNAT Held or UNDT Pronouncements

The Applicant became aware of her de-rostering in 2017 and it became apparent in 2020, after three years of enquiries that she was in fact de-rostered. She only requested management evaluation on 6 June 2021, several months beyond the 60-day deadline. The Tribunal also found that the impugned decision did not constitute an "administrative decision" as defined in United Nations Administrative Tribunal Judgment No. 1157, Andronov (2003). The change of rostering status complained of did not involve a final decision taken with direct legal consequences for the Applicant’s rights and obligations. Rather, there was a decision in 2017 to disassociate the FS-5 Claims Assistant and Administrative Assistant positions. The Applicant’s de-rostering from the position of Administrative Assistant at the FS-5 level was a result of this operational measure of general applicability. The decision was not directed specifically at the Applicant and did not affect her rights and obligations.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the Administration's act of de-rostering for FS-5 positions in the Claims Assistant and Administrative Assistant category.

Legal Principle(s)

The Tribunal has no jurisdiction to determine this application on the merits because the impugned decision was not submitted for management evaluation in a timely manner.

Outcome

Dismissed as not receivable

Outcome Extra Text

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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
Hanjoury
Entity
UNISFA
Case Number(s)
UNDT/NBI/2021/080
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Honeywell
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Temporal (ratione temporis)
Applicable Law
Staff Rules
UNDT RoP