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Since the applicant, in a timely manner, addressed his requests to competent officials within the former system of internal justice and followed the advice received from them, it was beyond his control that he did not file his request for administrative review within the time limits; therefore, exceptional circumstances are given. In view of the provision of the letter of appointment quoted above, no termination was possible without keeping a thirty days notice period. The decision to terminate the appointment with immediate effect is in noncompliance with the applicant’s terms of appointment...

Outcome: The application was held to be out of time. The Tribunal did not find this case to be exceptional. The application was dismissed.

Confirmative decisions: When a staff member repeats the same request to the Administration, only the first decision denying it is subject to appeal; the time limits for appeal start running from that first decision. Subsequent refusals are confirmative decisions which do not have the effect of restarting the running of time limits.

The Tribunal, noting that the Applicant had failed to comply with the time limit set out in former staff rule 111.2(a), focused solely on whether there were “exceptional circumstances” to warrant a waiver of the time limit. The Tribunal found that the Applicant’s mere assertion that she was unable to follow-up and was incapable of submitting a reasoned appeal as a result of psychological and professional stress was inadequate to warrant a waiver of the time limits. Based on the limited submissions of the Applicant, the Tribunal was unable to establish any causal relation between her state of...