UNDT/2016/015

UNDT/2016/015, Ruger

UNAT Held or UNDT Pronouncements

Strict enforcement of time limits: time limits for formal contestation of a decision are to be enforced strictly. Exceptional cases (in relation to the waiver of time limits): according to art. 8.3 of the Tribunal’s Statute, the Tribunal may suspend or waive the deadlines for a limited period “only in exceptional cases”. The Appeals Tribunal has repeatedly found that only circumstances beyond the applicant’s control that prevented him or her from exercising the right of appeal in a timely manner may be considered exceptional circumstances justifying a waiver of the statutory time limits.

Decision Contested or Judgment Appealed

The Applicant appealed the imposition of a disciplinary measure of termination of service. The application was filed one day after the expiration of the statutory time limit to file an application. Although Counsel for the Applicant encountered technical problems to file the application, these did not cause the application to be filed out of time, as even the first attempts to file it were made only after the applicable time limit had already elapsed. The Tribunal found that the difficulties for the Applicant to give final approval to her counsel to file, due to time difference between their respective locations, as well as the stress caused to the Applicant by her husband’s serious health condition, did not suffice for this case to qualify as an exceptional one for the purpose of waiving the mandatory time limits under art. 8.3 of the Statute.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Ruger

Entity

UNFICYP

Case Number(s)

UNDT/GVA/2016/4

Tribunal

UNDT

Registry Location :

Geneva