UNDT/2010/032 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2010/032, Trajanovska

UNAT Held or UNDT Pronouncements

No exceptional circumstances justifying a waiver of time limits prescribed in former staff rule 111.2 (a) could be found. The Applicant having served for long time in the Organization, she had ample opportunity to become familiar with the applicable rules. Therefore, it is reasonable to expect the applicant to be acquainted with the rules on time limits. The Applicant was not induced into error by MEU response as to the outcome she could expect from a procedure before the Tribunal. The transition to the new justice system cannot be said to have affected the Applicant’s ability to timely request administrative review, given the fact that the relevant time limits expired before this change of system took place. Outcome: The application was rejected.

Decision Contested or Judgment Appealed

The Applicant worked for several years on fixed-term appointments. Each time her appointment was extended she signed a document according to which a copy of the Staff Regulations and the Staff Rules was transmitted to her. Having received the decision to terminate her appointment on 9 April 2009 she wrote to different institutions, but not to the Secretary General. The Applicant did not request management evaluation before 15 July 2009. MEU considered her request as time-barred, and informed her that she could file an application with the Tribunal within 90 days. In her application, the Applicant argues that she should be granted a waiver of time limits for requesting administrative review on account to exceptional circumstances.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Trajanovska

Entity

UNMIK

Case Number(s)

UNDT/GVA/2009/067

Tribunal

UNDT

Registry Location :

Geneva