2013-UNAT-384 | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-UNAT-384, McCluskey

UNAT Held or UNDT Pronouncements

UNAT held that UNDT did not commit any error when it determined that the application before it was not receivable as it was time-barred. UNAT noted that it was technically improper for UNDT to analyse the merits of the case after declaring the application time-barred. UNAT held that even if the appeal had been receivable ratione temporis, the Appellant’s claim could not succeed. UNAT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to make a previously offered option of an agreed separation with indemnities available to him. UNDT concluded that the application was not receivable as it was time-barred and his application lacked merit.

Legal Principle(s)

It is improper for UNDT to consider the merits of a case after finding it time-barred.

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

McCluskey

Entity

UNHCR

Case Number(s)

2013-438

Tribunal

UNAT

Registry Location :

New York