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2016-UNAT-703, Caballero

UNAT Held or UNDT Pronouncements

UNAT rejected the request for an oral hearing since the factual and legal issues arising from the appeal had already been clearly defined. UNAT found no error in UNDT’s judgment that the application was not receivable ratione materiae. UNAT dismissed the appeal and affirmed the UNDT summary judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to place her on special leave without pay. UNDT dismissed the application summarily as not receivable ratione materiae since the Applicant had not previously submitted the contested decision to a management evaluation.

Legal Principle(s)

In the absence of a request for management evaluation of the contested decision, UNDT cannot but declare the application not receivable ratione materiae.

Outcome
Appeal dismissed on merits

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Applicants/ Appellants
Caballero
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Tribunal
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