2011-UNAT-144

2011-UNAT-144, Thiam

UNAT Held or UNDT Pronouncements

UNAT held that the appeal was time-barred and not receivable. UNAT held that the time limit for filing an appeal may be suspended, waived, or extended, only in exceptional cases and upon a written request by an appellant prior to the filing of an appeal, which the Appellant failed to submit. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew his contract for unsatisfactory service and not to provide him with a lump-sum payment for his repatriation travel. UNDT found that the claim relating to the non-renewal decision was not receivable. Based on an offer made by the Secretary-General, UNDT ordered ICTR to provide him with tickets or an amount equal thereto for travel and shipment.

Legal Principle(s)

A written application to UNAT for suspension, waiver, or extension of time limit by an appellant must be submitted prior to the filing of an appeal.

Outcome

Appeal dismissed on receivability

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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

Thiam

Entity

ICTR

Case Number(s)

2010-141

Tribunal

UNAT

Registry Location :

New York