2024-UNAT-1426, Qasem Abdelilah Mohammed Qasem
The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that the UNDT correctly held that Mr. Qasem's application before the UNDT challenging the decision to place him on administrative leave with pay was filed untimely and was therefore not receivable ratione temporis. Furthermore, his application contesting the decision to conduct various investigations of him was not receivable ratione materiae in the absence of a request for decision review.
Mr. Qasem contested the decisions of UNRWA: i) to place him on administrative leave with pay until further notice pending an investigation; and ii) to conduct various investigations of Mr. Qasem. By Summary Judgment No. UNRWA/DT/2023/010, the UNRWA DT consolidated the applications and dismissed both applications as not receivable.
Mr. Qasem appealed.
Strict adherence to filing deadlines assures one of the goals of the system of administration of justice: the timely hearing of cases and rendering of judgments.
However, there may be exceptional cases where the deadlines need to be suspended or waived or extended.
A request for decision review (similar to a management evaluation) is a mandatory first step in the internal justice system because it provides the Agency with the opportunity to reassess the situation and correct possible mistakes or errors with efficiency. The tribunals cannot waive deadlines for requests for decision review as set out in Article 8(3) of the UNRWA DT Statute.