UNDT/2020/029

UNDT/2020/029, Amineddine

UNAT Held or UNDT Pronouncements

A mere assertion that the Applicant did not receive the notification on 16 November 2016 did not satisfy the requirement to show compliance with statutory deadlines. The reasons given by the Applicant to extend the filing of his application contained a misrepresentation. He suppressed material facts concerning proof of when he received the Management Evaluation Unit notification and that he in fact was not engaged in any formal dispute settlement process with UNFIL involving the United Nations Office of Mediation Services as he alleged. The Applicant was under an obligation to make a full and frank disclosure of the circumstances leading to the delay. It is a cardinal principle of the law that he who comes to equity must come with clean hands. The Tribunal concluded that it did not have competence under art. 2 of its Statute to adjudicate this application.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to recommend/select him for an Information Systems Assistant Post.

Legal Principle(s)

An application shall be receivable if (i) in cases where a management evaluation of the contested decision is required (a) within 90 calendar days of the applicant’s receipt of the response by management to his or her submission (UNDT Statute, art.8.1(i)(a)). The burden of proving the date of receipt for purposes of complying with art.8.1(i)(a) of the UNDT Statute is on the Applicant.

Outcome

Dismissed as not receivable

Outcome Extra Text

The application was irreceivable ratione temporis.

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Full Judgment

Applicants/ Appellants

Amineddine

Entity

UNIFIL

Case Number(s)

UNDT/NBI/2017/013

Tribunal

UNDT

Registry Location :

Nairobi