2023-UNAT-1360, Moner Ahmed Nasser
The UNAT held that UNRWA DT exercised its discretion to proceed by summary judgment, without examining the merits of the case, lawfully and appropriately. It found that in this way, the UNRWA DT acted not only in accordance with the principles of judicial economy and efficiency, but also in the interest of expeditious disposal of the case.
The UNAT found that the Appellant received the contested administrative decision on 3 November 2009 and filed his application with the UNRWA DT on 12 August 2022. Therefore, it was obvious that he filed his application more than three years after his receipt of the contested decision. The UNAT held that, pursuant to Article 8 of the UNRWA DT Statute, as well as Articles 3 and 30 of the UNRWA DT Rules of Procedure, the UNRWA DT had no power to extend this time limit and, therefore, it did not err when it found that the Appellant’s application was not receivable ratione temporis. Furthermore, the UNAT found that even if the additional pleadings submitted by the Appellant were to be admitted, they could not assist him as he wishes, and his appeal would still fail. The UNAT held that because the Appellant’s application was not receivable, the relief sought by him cannot be provided.
The UNAT dismissed the appeal and affirmed Judgment No. UNRWA/DT/2022/038.
The Appellant, an Assistant Packing Supervisor in the Emergency Programme in the Gaza Field Office, contested the decision of the Agency to impose on him the disciplinary measure of separation from service. In its summary Judgment No. UNRWA/DT/2022/038, the UNRWA DT dismissed his application as not receivable ratione temporis due to the fact that he filed it more than three years after his receipt of the contested decision.
Strict adherence to filing deadlines is one of the goals of our internal system of the administration of justice as this ensures the timely hearing of cases and prompt rendering of judgments.
Article 8(4) of the UNRWA DT Statute is an absolute restriction on the UNRWA Dispute Tribunal's judicial discretion.
Pursuant to Article 5 of the UNRWA DT Rules of Procedure, the UNRWA DT has the discretion, on its own initiative, to proceed by way of summary judgment when there is no dispute as to the material facts of the case and the judgment is a matter of law.
With regard to the time limits for filing applications, Article 8(4) of the UNRWA DT Statute and Article 3(5) of the UNRWA DT Rules of Procedure provide that an application shall not be receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision. Article 30 of the UNRWA DT Rules of Procedure provides that subject to the UNRWA DT Statute, including in particular its Articles 8(3) and 8(4), the Judge hearing a case may shorten or extend a time limit when the interests of justice so require. Therefore, Article 8(4) of the UNRWA DT Statute is an absolute restriction to the UNRWA Dispute Tribunal’s judicial discretion to extend the regulatory time limit of three years.