2012-UNAT-271 | SYSTEM OF ADMINISTRATION OF JUSTICE

2012-UNAT-271, Cremades

UNAT Held or UNDT Pronouncements

UNAT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. UNAT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. UNAT noted that the Appellant had not requested such an extension of the time limit. UNAT held that UNDT had correctly decided that the request for management evaluation was not receivable as it was time-barred. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to reject her request to the Chief of the Human Resources Management Service (HRMS), UNOG, to extend her contract until 31 August 2009 in order to cover the annual leave corresponding to the first two trimesters of 2009 or, alternatively, to pay her compensation for work performed up to 31 July 2009 and for her proportional annual leave entitlement relating to that period. UNDT dismissed the application as not receivable. The Applicant appealed.

Legal Principle(s)

UNDT has no authority to suspend or waive the deadlines for management evaluation. Ignorance of the law is no excuse for failing to meet the time limits to request administrative review or management evaluation.

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

Cremades

Entity

UNOG

Case Number(s)

2012-297

Tribunal

UNAT

Registry Location :

New York