2010-UNAT-036 | SYSTEM OF ADMINISTRATION OF JUSTICE

2010-UNAT-036, Costa

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment Appealed

The Applicant sought an extension of the time limit for her appeal regarding compensation for overtime. UNDT rejected her application on the grounds that she did not file it within two months of the receipt of the impugned decision, rather she waited almost a year to do so. UNDT held that it had no jurisdiction to waive the time limits for requests for management evaluation or requests for administrative review.

Legal Principle(s)

UNDT has no jurisdiction to waive the time limits for requests for management evaluation or requests for administrative review.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Costa

Entity

OHRM

Case Number(s)

2009-013

Tribunal

UNAT

Registry Location :

New York