UNAT held that UNDT’s decision on an Appellant’s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the UNAT Statute, since no appeal had yet been filed. UNAT held, therefore, that UNDT’s decision on the Appellant’s request of extension could not be appealed. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT held that the Appellants each failed to bring themselves under the exceptional circumstances provision of former Staff Rule 111. 2(f). UNAT held that there was no legal difference between exceptional circumstances and exceptional cases. UNAT held that a delay can generally be excused only because of circumstances beyond an Appellant’s control. UNAT held that no error in fact or in law was made by UNDT. UNAT dismissed the appeal.
UNAT held, noting that the Appellant relied on the UNDT Rosca jurisprudence (judgment No. UNDT/2009/052) in her request for UNDT to waive the time limits for management evaluation, that the plain language of Article 8. 3 of the UNDT Statute could not be disregarded. UNAT approved judgment No. UNDT/2009/051 as the law on this issue and disapproved the interpretation of UNDT in Rosca. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT was not persuaded that UNDT erred in its judgment. UNAT held that, at the time of receipt of his settlement offer, the time limit to file the application to UNDT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. UNAT held that the exceptional suspension of time limits provided for under Article 8(1) of the UNDT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. UNAT held that the settlement...
UNAT considered an appeal of UNDT Order No. 50 (GVA/2010) by the Secretary-General. UNAT held that the issue under consideration was settled, as UNAT had consistently held that UNDT had no jurisdiction to waive deadlines for management evaluation or administrative review. UNAT held that UNDT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. UNAT allowed the appeal and set aside the UNDT Order.
UNAT considered an appeal by the Secretary-General. UNAT held that UNDT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. UNAT held that UNDT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. UNAT held that UNDT had interpreted Articles 19 and 35 of the UNDT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the UNDT...
UNAT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. UNAT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. UNAT noted that the Appellant had not requested such an extension of the time limit. UNAT held that UNDT had correctly decided that the request for management evaluation was not receivable as it was time-barred. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNAT held that it was not in dispute that the Appellant did not submit a request for management evaluation until more than one year after he had been notified that he had not been selected for the post in question. UNAT held that UNDT, under Article 11.1 of the UNDT Statute, was obliged to issue a judgment in writing, stating the reasons, facts, and law on which it was based. UNAT held that UNDT’s decisions, that the Appellant had been properly served with a notification in writing in compliance with former Staff Rule 111.2 and that Article 8.3 prohibited UNDT from extending the deadline for...
UNAT considered the Appellant’s appeal and found that the Appellant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNAT held that the application for suspension of action during the pendency of management evaluation was rightly declared not receivable as it was time-barred. UNAT held that UNDT did not exceed or wrongly exercise its jurisdiction in rejecting the suspension of action. UNDT dismissed the appeal and upheld the UNDT judgment.
UNAT considered the appeal, in which the Appellant contended that exceptional circumstances existed that would merit a waiver of the time limit, allowing his application to be admitted. UNAT noted that, in such an instance, it is the applicant’s responsibility to convince the tribunal of such circumstances. UNAT found that the Appellant did not overcome this hurdle before UNDT and held that UNDT did not err in rejecting the Appellant’s contentions that he had exceptional circumstances. UNAT further held that ignorance of the law is no excuse and the Appellant’s reliance on erroneous advice...
