UNDT/2017/010, Musci
Request for management evaluation: A request for management evaluation has a precise and specific meaning in the framework of the internal justice system. It is the first step in formal contestation of an administrative decision and, as such, a communication conveying discontent to management will amount to a management evaluation request. Management evaluation is a formal process involving a request to the competent authority, which is specifically empowered to look into a contested decision to evaluate and consider whether it has been made pursuant to the administrative issuances of the United Nations. It is a process enabling a correction of administrative errors at an early stage, without the need to make an application to the Tribunal.
The Applicant appealed the refusal to apply revised guidelines (issued in 2015) on an end-of-service allowance mandated under Italian law, known as Trattamento di Fine Rapporto (TFR), in connection with her retirement on 31 August 2013. As opposed to the previous guidelines on the matter (issued in 2013), the 2015 guidelines catered, inter alia, for accrued legal interest on the TFR. The UNDT declared the application irreceivable ratione materiae since the Applicant had not previously submitted a request for management evaluation. She had merely addressed an email to management asking for the review of the decision. The Tribunal found that this communication did not amount to a formal management evaluation request. Furthermore, the Tribunal observed that even if one were to consider it as such, it had been submitted well past the 60-day statutory limit to request management evaluation.
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