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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.

Under the given circumstances, the application for an extension of time could not be considered as an application on the merits. No exceptional circumstances for an extension of time could be found. Lack of legal counsel normally does not constitute an exceptional circumstance. Since the Applicant had learned one month before the end of the time limit that OSLA would not take her case, it was appropriate and reasonable for the Applicant to submit an application by herself within the time limits.

The Respondent submits that the contested decision was expressed in a letter dated 3 August 2001 and the claim is therefore time-barred as the Applicant’s request for administrative review, dated 2 May 2005, was filed out of time. The Applicant avers that her application is receivable as the final decision subject to appeal was expressed in the letter of the High Commissioner for Human Rights dated 30 March 2005. UNDT found that the contested decision was made on 3 August 2001 and that the Applicant was notified of it, at the latest, on or before 15 April 2002. UNDT found that the Applicant...

UNDT found that the Applicant did not challenge the non-renewal of her contract in a timely manner and also did not rebut her final e-PAS rating as partially meeting expectations, which rating must be accepted by UNDT as final. UNDT found that the Applicant was aware, during her employment, of the criticisms concerning her performance and that it would have been reasonable for her to conclude that performance-related factors may have been considered by the Administration in deciding not to renew her contract. UNDT found that under Costa 2010-UNAT-036 it does not have the power to waive or...

The applicant (but not his counsel) received a copy of the letter on 1 December 2008 and therefore had until 2 March 2009 to file his application. However, his application was dated 30 June 2009, or 120 days past the deadline, and it was received by the former Administrative Tribunal only on 6 July 2009. The respondent submitted as a preliminary matter that the application was time-barred. The applicant contended that his counsel had not been notified of the decision by the Administration and therefore counsel was unable to file a timeous appeal. UNDT found that the applicant was informed of...

The time for requesting a management evaluation in this case is specified in Staff Rule 111.2(c). This rule provides that a request for management evaluation should not be receivable by the Secretary-General unless it was sent within 60 days of notification of the contested administrative decision. The Secretary-General is able to extend this time limit pending efforts for informal resolution by the office of the Ombudsman. In this case there is no evidence that the parties submitted the matter to the office of the Ombudsman for mediation within the deadlines for filing a management evaluation...

In UNDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant’s submissions, the Tribunal finds that they do not satisfy the requirement of “exceptional” in Article 8.3 of the Statute of the Dispute Tribunal. The applicant did not abide by the time limits for filing his application with the JAB and subsequently, in his appeal against the JAB’s findings, he also failed to abide by the time limits for filing his application...

In UNDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant’s submissions, the Tribunal finds that they do not satisfy the requirement of “exceptional” in Article 8.3 of the Statute of the Dispute Tribunal. The applicant’s physical presence was not required in the U.S. for her to file her Application.

With respect to the decision to reject his request for leave, the application is irreceivable as no management evaluation was submitted. In general, the whole application is time-barred. No exceptional circumstances could be found. Even after the applicant's sick leave ended, more than three months elapsed before the applicant submitted his application.

Receivability: A decision which does not merely confirm a previous decision, but shows that in the meantime, efforts have been made by the Administration to find an alternative arrangement and sets a new deadline, may be considered as a new decision, which has the effect of setting a new time limit for requesting administrative review. In accordance with article 8.4 of the UNDT Statute, the three-year time limit cannot be extended, even in exceptional cases within the meaning of article 8.3 of the Statute. The Dispute Tribunal is not competent to hear the case under article 2.7 (transitional...