UNAT Held or UNDT Pronouncements
Consolidation of applications: The Tribunal concluded that consolidation would not have any effect on the parties’ rights as the two applications are virtually identical and each party will have the opportunity to have its case fully considered both as to receivability and on the merits albeit in one judgment. Receivability of the classification decision: Noting that Fuentes UNDT-2010-064 and Fuentes 2011-UNAT-105 confirm that a failure to decide an appeal against classification of a post encumbered by the Applicant is an administrative decision which may be subject to review by the Tribunal without the necessity for the Applicant to have recourse to management evaluation, the Tribunal found the Applicant’s challenge to the classification process receivable.
Decision Contested or Judgment/Order Appealed
The Applicant filed two applications contesting a decision of the United Nations Mission in Liberia not to extend his contract and the failure to conduct a proper classification review. The Respondent submitted that the Applicant’s classification appeal is not receivable rationae materiae as the Applicant failed to wait for the 45 day period for management evaluation to expire prior to filing the Application. In addition the Respondent alleged that the Applicant had not exhausted internal remedies because there has been no final decision of the Classification Appeals Committee (CAC).
Legal Principle(s)
N/A