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UNDT/2011/043

UNDT/2011/043, Zewdu

UNAT Held or UNDT Pronouncements

Applicants have a duty to pursue their causes of action promptly. Delay can cause considerable uncertainty and inconvenience not only for the Respondent but for third parties as well. The Applicant’s fears of retaliation due to the non-existence of administrative machinery to protect him at the material times are not justified. This Application is not receivable as it was filed more than the three years stipulated under Article 8(4) of the Statute of the Dispute Tribunal after the Applicant’s receipt of the contested administrative decision. In addition, the facts in this case would not have justified the tolling of the limitations of time and would only cause considerable uncertainty and inconvenience not only for the Respondent but for third parties such as other staff members in the UNECA Safety and Security Section. The Tribunal finds that this Application is time-barred and not receivable.

Decision Contested or Judgment Appealed

In his Application dated 26 March 2010, the Applicant is contesting an administrative decision dated 26 September 2001 transferring him out of the UNECA Security and Safety Section.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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Applicants/ Appellants
Zewdu
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Tribunal
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