AV

Article 8.1(ii)

  • Article 1
  • Article 10
  • Article 10.2
  • Article 10.3
  • Article 10.4
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.7
  • Article 10.9
  • Article 105
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.2(c)
  • Article 11.3
  • Article 11.4
  • Article 11.5
  • Article 11.6
  • Article 12
  • Article 12.1
  • Article 12.2
  • Article 12.3
  • Article 12.4
  • Article 12.5
  • Article 15.7
  • Article 18.2
  • Article 18.3
  • Article 19
  • Article 2
  • Article 2.1
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.2
  • Article 2.3
  • Article 2.4
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.7(b)
  • Article 2.8
  • Article 2(a)
  • Article 2(b)
  • Article 3
  • Article 3.1
  • Article 3.1(a)
  • Article 3.1(b)
  • Article 3.1(c)
  • Article 32
  • Article 4.2
  • Article 4.5
  • Article 4.9
  • Article 6
  • Article 7
  • Article 7.1
  • Article 7.2
  • Article 7.2(e)
  • Article 7.2(h)
  • Article 7.2(i)
  • Article 7.5
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.1(a)
  • Article 8.1(a)
  • Article 8.1(b)
  • Article 8.1(b)(ii)
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(i)
  • Article 8.1(d)(i)–(iv)
  • Article 8.1(d)(i)(a)
  • Article 8.1(d)(i)(b)
  • Article 8.1(d)(ii)
  • Article 8.1(d)(iii)
  • Article 8.1(d)(iv)
  • Article 8.1(i)
  • Article 8.1(i)(b)
  • Article 8.1(ii)
  • Article 8.1(ii)(c)
  • Article 8.2
  • Article 8.2(b)
  • Article 8.2(d)(i)
  • Article 8.3
  • Article 8.3(a)
  • Article 8.4
  • Article 8.5
  • Article 8.6
  • Article 8(a)
  • Article 8(c)
  • Article 8(d)(i)
  • Article 8(d)(ii)
  • Article 9
  • Article 9.1
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
    • Showing 1 - 3 of 3

    UNDT/2023/056, Rizqy

    Separation from service

    Receivability

    The Respondent challenged the receivability of the application.

    The Tribunal noted that the application filed on 2 March 2022 via email was essentially the same as that filed on 16 April 2022 via the eFiling portal. Consequently, in line with Practice Direction No. 4, para. 11, the Tribunal found that the present application was receivable.

     Merits

    In the present case, this Tribunal examined the following issues:

    a. Whether the facts on which the disciplinary measure was based have been established according to the applicable standard.

    The Tribunal examined the evidence on...

    Full judgment
    Case digest

    UNDT/2016/015, Ruger

    Disciplinary matters / misconduct Jurisdiction / receivability (UNDT or first instance)

    Strict enforcement of time limits: time limits for formal contestation of a decision are to be enforced strictly. Exceptional cases (in relation to the waiver of time limits): according to art. 8.3 of the Tribunal’s Statute, the Tribunal may suspend or waive the deadlines for a limited period “only in exceptional cases”. The Appeals Tribunal has repeatedly found that only circumstances beyond the applicant’s control that prevented him or her from exercising the right of appeal in a timely manner may be considered exceptional circumstances justifying a waiver of the statutory time limits.

    Full judgment
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    UNDT/2019/044, Achakzai

    Jurisdiction / receivability (UNDT or first instance)

    The Tribunal noted that according to the Applicant’s submission, he was notified of the contested decision on 19 May 2017. Therefore, the 90-day time limit to institute proceedings before the Tribunal expired on 17 August 2017. It followed that when the Applicant submitted his incomplete application by email on 21 August 2017, the statutory time limit had already elapsed. The Tribunal therefore found that the application was irreceivable ratione temporis.

    Full judgment
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