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UNDT/2015/057

UNAT Held or UNDT Pronouncements

Receivability: The Tribunal concluded that the Applicant’s challenge to OHRM’s decision is not receivable because the decision was expressly reversed and rendered moot when the Department of Field Support completed its review of the Applicant’s case and determined that the Applicant met the remaining eligibility criteria for conversion to a continuing appointment. The Tribunal noted the general principle that where an impugned decision has been corrected by the Administration before a challenge to the Tribunal has been determined; it is in the power of the Tribunal to find that the challenge is moot and therefore not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision of the Office of Human Resources Management (OHRM) that his eligibility for conversion to a continuing appointment did not satisfy two criteria: (a) the number of years of service; and (b) performance rating.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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Castelli