2015-UNAT-551, Ibom
UNAT refused the Appellant’s motion to file additional pleadings, noting that the Appellant had not demonstrated any exceptional circumstances which would justify UNAT exercising its discretion to allow him to file additional pleadings. UNAT held that UNDT did not err in deciding that, since the Appellant had waited more than five years to finally contest the administrative decision, his application was not receivable. UNAT held that the UNDT correctly found that, even if it was minded to consider the application, it was barred from doing so by Article 8(4) of the UNDT Statute which provided that any application received more than three years after receipt of the contested administrative decision was not receivable. UNAT held that UNDT correctly concluded that since the application was filed more than five years after the Appellant’s receipt of the contested administrative decision, it would be acting ultra vires to entertain it. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant contested the non-renewal of his appointment. UNDT dismissed the application on the basis that it was not receivable ratione temporis.
An application to UNDT is not receivable if it is filed more than three years after the applicant’s receipt of the contested decision.