2019-UNAT-959 | SYSTEM OF ADMINISTRATION OF JUSTICE

2019-UNAT-959, Wesslund

UNAT Held or UNDT Pronouncements

UNAT held that UNDT did not err in dismissing the application as not receivable ratione temporis. UNAT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. UNAT held that, with respect to the original decision, the Applicant did not file a request to UNDT to suspend or extend the deadlines for filing her application to UNDT, nor did she claim exceptional circumstances justifying a waiver of the time limits. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to reimburse her registration or the parents’ association fees as part of her education grant advance. UNDT dismissed her application on the grounds that it was time-barred.

Legal Principle(s)

A staff member cannot reset the time limits for management evaluation by asking for a confirmation of an administrative decision that has been communicated to him or her earlier. A subsequent reiteration of a previously communicated decision, if it does not add anything different or material to the original decision, is not a new administrative decision triggering a new time limit for appeal.

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

Wesslund

Entity

UNICEF

Case Number(s)

2019-1258

Tribunal

UNAT

Registry Location :

New York