�山����

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 Tribunal found that the appeal against the first decision was both time-barred and without merits, and that the appeal against the second decision was time-barred. The Tribunal further concluded that the respondent had properly exercised his discretionary authority in deciding not to refer the investigation panel’s findings to the ASG/OHRM. Confirmative decisions: When a staff member repeats the same request to the Administration, only the first decision denying it is subject to appeal and the time limits for appeal start running from that first decision. Subsequent refusal decisions are...

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.

No exceptional circumstances justifying a waiver of time limits prescribed in former staff rule 111.2 (a) could be found. The Applicant having served for long time in the Organization, she had ample opportunity to become familiar with the applicable rules. Therefore, it is reasonable to expect the applicant to be acquainted with the rules on time limits. The Applicant was not induced into error by MEU response as to the outcome she could expect from a procedure before the Tribunal. The transition to the new justice system cannot be said to have affected the Applicant’s ability to timely...

The Applicant’s request for review is time-barred as far as the decision not to renew her appointment is concerned. As regards both the non-renewal of the Applicant’s contract and the alleged mishandling of her visa request (even assuming that such mishandling could be linked to an administrative decision subject to appeal), the Applicant, in the absence of a response from the Secretary-General within two months of her request for review, had one month to file an appeal with the JAB. The appeal is time-barred as well. Given that the time limits prescribed in staff rule 111.2 (a) were not...

In accordance with former staff rule 111.2 (a) (i), the Applicant had only one month as of the receipt of the Secretary-General’s reply to submit an appeal to the JAB. The Tribunal noted that the Applicant received the reply to her request for review on 31 January 2008 and that the JAB received her appeal only on 31 March 2008. Hence, the Tribunal considered that the Applicant’s appeal was late. The Tribunal examined the record of facts and concluded that no exceptional circumstances existed, which may justify a waiver of the time limits for the submission of the statement of appeal to the JAB...

Time limits for contesting administrative decisions are well known and widespread instruments in administrative law, both in national and in international jurisdictions. Compared to the time limits in some national and international systems, the time limits in the �山����justice system remain within a reasonable frame. As for exceptions, “exceptional cases” arise from exceptional personal circumstances. Relevant factors for an Applicant’s failure to act within the prescribed time limits are confined to his individual capacities. Factors like the prospects of success on the merits and the...

Exceptional circumstances: Circumstances beyond the control of the applicant that prevented him/her from submitting an appeal in time.

In its Judgment 2010-UNAT-029, El-Khatib, the Appeals Tribunal upheld the jurisprudence of the former �山����Administrative Tribunal whereby only circumstances beyond the applicant’s control that prevented him from timely pursuit of his appeal can be regarded as exceptional. The fact that the applicant believed at first that the contested decision was lawful is not an exceptional circumstance, the more so as he had the possibility to obtain information on the applicable rules from the Administration. In El-Khatib, the Appeals Tribunal further recalled that “candidates for a public post are...

The decision not to renew the Applicant’s fixed-term appointment: The Applicant failed to comply with the two-month deadline stipulated in former staff rule 111.2(a) as he was formally notified of the non-renewal of his appointment on 4 February 2004 but did not request administrative review of the decision until 27 June 2008. Further, he failed to establish any “exceptional circumstances” that prevented him from filing his application in a timely manner. The decision not to reimburse the Applicant for the travel costs he incurred as a result of his participation in the OIOS investigation: In...