2021-UNAT-1119, Kristen Wenz

UNAT Held or UNDT Pronouncements

UNAT held that the UNDT did not commit any errors when it found that Ms. Wenz’ application was irreceivable ratione materiae and that therefore, it did not have to address the question of whether the application was also irreceivable ratione temporis. UNAT held that the UNDT correctly found that UNICEF’s participation in mediation efforts did not automatically extend the time limit for filing a request for management evaluation. UNAT found no fault in the UNDT’s finding that the Secretary-General was not estopped from raising the issue of receivability. UNAT dismissed the appeal and affirmed the UNDT Judgment.

Decision Contested or Judgment/Order Appealed

Ms. Wenz contested several implied administrative decisions which she alleged had taken place following a security incident while she was on mission. UNDT found that her application was neither receivable ratione materiae as her request for management evaluation was not filed in a timely manner nor receivable ratione temporis as her application was also filed out of time.

Legal Principle(s)

Participation in mediation efforts does not automatically extend the time limit for filing a request for management evaluation.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

N/A

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Applicants/Appellants

Kristen Wenz

Entity

UNICEF

Case Number(s)

2020-1464

Tribunal

UNAT

Registry

New York

Date of Judgement