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UNDT/2018/096

UNDT/2018/096, Farzin

UNAT Held or UNDT Pronouncements

The Certificate of No Contest/Lump Sum that formalized the Applicant’s agreed separation has all the hallmarks of a binding agreement freely entered into by the Applicant for a consideration which he would not otherwise have been entitled to, and there is no suggestion by the Applicant that it was procured by duress, misrepresentation or other impermissible consideration or action.; Notwithstanding the fact that the Applicant did not clearly identify the decision(s) he sought to contest, the Tribunal notes that the Applicant’s claims all relate to his period of employment with UNDP, which ceased on 30 September 2016.; The Tribunal finds that the Applicant does not have standing to bring claims related to or arising from his period of employment with UNDP.; Even if the Tribunal were to find that the Applicant has standing, his application would not be receivable because of non-compliance with mandatory deadlines.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of the United Nations Development Programme (“UNDP”) who separated from the Organization on 30 September 2016, contests several alleged decisions of UNDP.

Legal Principle(s)

A reiteration of an earlier decision does not reset the clock of statutory deadlines to, for instance, request management evaluation and, eventually, to come before the Tribunal.

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
Farzin
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