UNDT/2022/100 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2022/100, Nega

UNAT Held or UNDT Pronouncements

The Applicant’s post termination correspondence seeking to clarify what his terminal benefits would be, his eventual receipt of a statement of payments on 20 September 2021 and the filing of a new MER on 27 October 2021 reiterating the points previously made and decided on by the MEU did not re-set the time for the filing of the application. The Applicant waited approximately seven months after receiving the June 2021 MEU response, which addressed his submissions about entitlement to termination indemnity, before filing the application. The application was therefore outside the permitted 90-day time limit.

Decision Contested or Judgment Appealed

The Applicant was contesting the decision not to pay him termination indemnity following the termination of his continuing appointment.

Legal Principle(s)

In order for an application to be receivable, the provisions of art. 8 1(d)(i) a of the UNDT Statute have to be satisfied by an applicant. More specifically, to be receivable the application had to have been filed “within 90 calendar days of the applicant’s receipt of the response by management to his or her submission.

Outcome

Dismissed as not receivable

Outcome Extra Text

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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

Nega

Entity

UNAMID

Case Number(s)

UNDT/NBI/2022/015

Tribunal

UNDT

Registry Location :

Nairobi