UNDT/2013/030, Charles
The Applicant applied for a P-3 level temporary position advertised in October 2011. As part of the selection process, he was required to sit a written test. However, the Administration refused to accept his answers to the test on the basis that they were submitted after the specified deadline, which the Applicant disputed before the UNDT. The UNDT found that the application was time-barred as the Applicant filed it more than eight months after the expiration of the applicable time limit for filing with the UNDT and that the Applicant failed to provide an adequate basis to support a finding of exceptional circumstances or exceptional case warranting a waiver or extension of time. The UNDT found that, even if the application were found receivable, it would not have prevailed on its merits. Having agreed to undertake the written test, the onus was on the Applicant to check his emails for further instructions, which he failed to do in due time. The UNDT found that the actions of the Administration with respect to the written exercise were reasonable and lawful.
Non-selection.
Exceptional circumstances, exceptional case: A number of factors should be considered in determining whether the case under review is an “exceptional case” under art. 8.3 of the Tribunal’s Statute, see the list in Fedoroff UNDT/2010/016.Examination and tests: If a staff member agrees to undertake a written test as part of a selection exercise, the staff member is expected to check for and comply with the instructions for the test.