UNDT/2023/127

UNDT/2023/127, Malfitano

UNAT Held or UNDT Pronouncements

The Applicant did not seek a waiver of suspension of the deadline facing her, nor did she meet the deadline. For this reason, the application is not receivable ratione temporis as it is time-barred.

Decision Contested or Judgment Appealed

The Applicant contested the denial of her conducting the evaluations of her staff based on a complaint letter that was submitted after the development of the Performance Management and Development of one international staff and that was never disclosed to her.

Legal Principle(s)

The Tribunal may only suspend or waive the deadlines for filing an application in exceptional circumstances.

Only events beyond an applicant’s control and actually preventing him or her from pursuing legal action may be regarded as “exceptional circumstances” warranting such a waiver.

If an applicant requests a suspension, waiver or extension of the time limits, then the applicant bears the burden to prove any circumstances beyond her/his control that would have the effect of preventing to act within the statutory time limits. The circumstances should meet the test of untypicality or
unusualness.

An applicant or appellant cannot submit a request for a waiver of the time limits for filing a late application or appeal along with his/her untimely (or belated) application or appeal.

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

Malfitano

Entity

UNDP

Case Number(s)

UNDT/NBI/2023/050

Tribunal

UNDT

Registry Location :

Nairobi