2010-UNAT-079 | SYSTEM OF ADMINISTRATION OF JUSTICE

2010-UNAT-079, Sethia

UNAT Held or UNDT Pronouncements

UNAT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. UNAT held that UNDT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-UNAT-036)). UNAT held that UNDT erred in law in applying the decision in Rosca (UNDT/2009/052), which was disproved by UNAT in Costa, but that the error did not affect the outcome for the case. UNAT held that the application was time-barred and not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the level at which he was appointed upon joining the Organisation. UNDT dismissed the application as non-receivable as it was time-barred.

Legal Principle(s)

UNDT does not have the power to waive or suspend the deadline for requesting administrative review.

Outcome

Appeal dismissed on merits

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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

Sethia

Entity

ICTR

Case Number(s)

2010-076

Tribunal

UNAT

Registry Location :

New York