UNDT/2011/095, Price
Time limits for requesting administrative review: Due to the pronouncement of the Appeals Tribunal in Costa, the Dispute Tribunal is unable to suspend or waive deadlines with respect to administrative review or management evaluation, irrespective of the circumstances of each case. Unless an appropriate case is put before the Appeals Tribunal and it decides to limit the seemingly absolute application of the pronouncements of Costa as it currently stands, this Tribunal is bound to follow them, even where sick leave or other intervening events would render filing impossible for an applicant. Communication advising of “search period”: This communication conveys a number of potential outcomes which may follow the abolition of a post, but is itself only a preparatory communication which does not affect the scope or extent of the Applicant’s rights. It is therefore not receivable as a challenge of a decision of “termination”.Outcome: The application was time-barred, not receivable and dismissed without consideration of its merits.
Reclassification of post.
Suspension of time limits during sick leave: Certain traditions accept that a period of extinctive prescription may be suspended if the performance of an obligation is prohibited by force majeure or vis major. Sick leave may, in an appropriate case, constitute an exceptional circumstance or make for an exceptional case that could justify the suspension or waiver of deadlines.