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The UNAT found that the UNDT had appropriately dismissed Ms. Yu’s application as not receivable ratione temporis.  The UNAT emphasized that because Ms. Yu’s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the UNDT is located, and therefore, Ms. Yu missed the deadline by one day.

The UNAT rejected the new arguments and evidence related to the mediation process submitted to the UNAT for the first time.  Even if these were considered, the UNAT concluded that the mediation did not pertain to the contested decision and therefore did not...

The written reprimand

 Factual basis for the imposition of the measure

UNPAD, as an ad hoc special interest group, advocates for issues relating to conditions of work pertaining to staff members of African descent in the United Nations.

UNOMS is established “to make available confidential services of impartial and independent persons to address work-related issues of staff members” (see ST/SGB/2016/7 para 1.1). UNOMS is guided in its work by four core principles, namely independence, confidentiality, neutrality, and informality.

It appeared from the information on record that the Applicant...

The Applicant was required to submit his application in 90 days. When counting from 12 October 2022, the period ended on 9 January 2023. The Applicant submitted his application on 10 January 2023. In the circumstances the application was deemed not receivable ratione temporis.

UNAT held that the Appellant did not demonstrate any errors in the UNDT’s finding that her application was filed one day late and was out of time. UNAT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the UNDT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the UNDT Judgment, UNAT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...

Under the given circumstances, the application for an extension of time could not be considered as an application on the merits. No exceptional circumstances for an extension of time could be found. Lack of legal counsel normally does not constitute an exceptional circumstance. Since the Applicant had learned one month before the end of the time limit that OSLA would not take her case, it was appropriate and reasonable for the Applicant to submit an application by herself within the time limits.

Relying on articles 7 and 34 of the Rules of Procedure, the Tribunal found that the Application was not receivable because the Applicant had filed it one day late.

The Respondent submitted that the application was filed out of time as the Applicant had submitted it after 5 p.m. (closing hour of the New York Registry) on the last filing day. The UNDT found that the Statute and the Rules of Procedure provide that applications are to be filed within 90 calendar days from the date of notification of the outcome of management evaluation, and, therefore, the applicant had until the expiration of the last calendar day of the filing period to file his application, regardless of the working hours of the Registry. Having done so, his application was receivable...

Receivability: The wording of both staff rule 11.2(c) and 11.2(d) is identical in its use of the words “calendar days;” and if […] the Rules are clear for the staff member they should be equally clear for the Secretary-General.When it comes to the interpretation of identical legal provisions that regulate the same situation there cannot be different interpretations depending on the administrative convenience of the Organization or those who head specific sections of the Organization.MEU must have regard to the provisions on the computation of time in the rules governing the Tribunal. The...

No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.