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UNDT/2016/063

UNDT/2016/063, Yasin

UNAT Held or UNDT Pronouncements

The Tribunal found that the non-extension of the Applicant’s appointment in UNAMI was not a termination but her mission assignment simply came to an end after the maximum two years. The Applicant’s challenge of the administrative decision to restrict her mission assignment to the maximum of two years is not receivable as she failed to request for management evaluation. Receivability - Even if by any stretch of reasoning it was open to the Applicant to challenge the conditions of her mission assignment which she had accepted on 28 January 2013, time began to run for her to challenge that decision from the said 28 January 2013. An Applicant is required to request management evaluation within 60 days of the receipt of the administrative decision complained of. The Applicant cannot accept a mission assignment which is properly spelt out under the relevant governing legislation and turn around two years later and deign to challenge the same having failed to seek a management review within the prescribed times set out in the applicable law.

Decision Contested or Judgment/Order Appealed

In her Application dated 6 May 2015, the Applicant contests the decision to restrict her mission assignment to UNAMI at the D-1 level to the maximum two years and to return her to her post in New York at the P-5 level.

Legal Principle(s)

N/A

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
Yasin
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Tribunal
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