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UNAT held that the Appellant did not demonstrate any errors in the UNDT’s finding that her application was filed one day late and was out of time. UNAT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the UNDT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the UNDT Judgment, UNAT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...

The Dispute Tribunal may suspend or waive the deadlines for the filing of applications imposed by the Statute and Rules of Procedure, but may not suspend or waive the deadlines in the Staff Rules concerning management evaluation because this is the prerogative of the Secretary-General.The drafters of the Statute of the Dispute Tribunal intended that all applications to the Tribunal would be subject to the rules under which this Tribunal operates. Therefore, pursuant to Article 8.3 of the Statute, the Tribunal has no jurisdiction to extend the deadlines for the filing of requests for...

A summary judgment was rendered because, as per art. 9 of the RoP, there was no dispute as to the material facts and judgment was restricted to matters of law. As one of the Applicants did not file an application in person (art. 8.1 (b), 3.1 and 2.1 of UNDT Statute) neither designated a counsel to act on his behalf (art. 12 of UNDT RoP), his application was deemed as not receivable. Furthermore, considering that an apology is beyond the remedies which may be ordered by the Tribunal in accordance with art. 10.5 of UNDT Statute, the application was declared as out of the Tribunal’s mandate.

UNDT noted that the Applicant, having received the contested decision on 4 February 2009, did not file her application with this Tribunal until 14 July 2009, which was beyond the 90 calendar-day deadline set forth in Article 8 of the UNDT Statute. UNDT noted that before it can reject an application, it must determine whether failure to meet the deadline could have resulted from erroneous information provided by the Administration. UNDT held that the Applicant was not given any information that could have misled her, because, as she herself wrote, it was not until after 1 July 2009 that she...

UNDT held that the application was receivable because the time limit for management evaluation had not yet expired and management evaluation was still pending. UNDT took note of the findings of the JAB Panel, which recommended suspension of action following the Applicant’s request to this end dated 22 June 2009, and of the Deputy Secretary-General’s memorandum by which such suspension was granted. UNDT noted that both the Panel and the Secretary-General came to the conclusion that the questioned decision was prima facie unlawful and that the Applicant’s reassignment, if implemented, would...

The Tribunal highlights the necessity of management evaluation, quoting Nwuke and Caldarone. It is not enough to merely initiate the procedure. On the contrary, the result of Management evaluation has to be awaited generally, before an application may be submitted to the Tribunal. It is not within the Applicant's discretion to evade management evaluation which is considered useless. Outcome: Application was dismissed.

A request for an administrative review or management evaluation is mandatory with the exception of disciplinary cases. It is clear from the applicant’s submissions that he was well aware that the decision to stop the payment of his salary and the decision not to renew his appointment are two distinct administrative decisions. The applicant failed to request an administrative review or management evaluation of the decision not to pay his salary. Outcome: The application is not receivable.

Transferred JAB cases are governed by the UNDT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the UNDT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.

On consideration of the totality of the applicant’s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.

The question of waiver of time limits applicable to transferred cases is governed by Article 8.3 of the Statute rather than by Staff Rule 111.2(f). A request for an administrative review or management evaluation is mandatory in the present case. With regard to section 1.4 of ST/SGB/2009/11, the Applicant cannot be considered to have satisfied the requirement to submit a request for management evaluation as provided for in Article 8 paragraph 1 (c) of the Statute.