UNAT took into account that the Appellant only made his request some 29 months after the expiration of the deadline and that he did not submit any medical report. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and upheld the UNJSPB decision.
UNAT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. UNAT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find “good cause” to waive the sixty days’ time limit for review set forth in Section K of the UNJSPF Administrative Rules. UNAT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between UNJSPF and CTBTO. UNAT...
UNAT dismissed the appeal as not receivable, as the Appellant had failed to request a review of the UNJSPF decision before appealing to UNAT. UNAT remanded the matter for a hearing before the Standing Committee, treating the appeal as if correctly and timely filed as a request for decision review.
UNAT held that UNJSPF’s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by UNJSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to UNAT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, UNAT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. UNAT held that Ms. Larriera’s request for review was receivable ratione materiae and that Ms. Larriera’s appeal was...
