2013-UNAT-338 | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-UNAT-338, Dzuverovic

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic’s appeal, UNAT held that UNDT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General’s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by UNDT, UNAT held that the approach of UNDT did not merit the remedy sought, since the recommendations had no binding consequences on the parties. UNAT dismissed the appeal unanimously and the cross-appeal by majority, with Judge Chapman dissenting.

Decision Contested or Judgment Appealed

The Applicant contested the non-renewal of her appointment. UNDT held that the application was not receivable but made a series of recommendations related to the Applicant’s role as a whistleblower.

Legal Principle(s)

UNDT acts in excess of its competence or jurisdiction if it extends the deadline for management evaluation. Without management evaluation of a contested decision, where it is required, UNDT cannot receive and consider an application by a staff member.

Outcome

Appeal dismissed on merits

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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.

Full Judgment

Applicants/ Appellants

Dzuverovic

Entity

UN-Habitat

Case Number(s)

2012-375

Tribunal

UNAT

Registry Location :

New York