2010-UNAT-055

2010-UNAT-055, Hijaz

UNAT Held or UNDT Pronouncements

UNAT held that UNDT’s decision on an Appellant’s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the UNAT Statute, since no appeal had yet been filed. UNAT held, therefore, that UNDT’s decision on the Appellant’s request of extension could not be appealed. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to review the grade that had been offered to him during his recruitment (FS-3/I). The Applicant filed an appeal to the Joint Appeals Board (JAB), although the JAB never acknowledged receipt of an appeal. The Applicant requested an extension of the deadline to avail himself of legal assistance. UNDT granted him a seven-week extension, bringing the deadline for submitting his application to 13 October 2009. The Applicant filed later a second request for an extension of the deadline to 12 January 2010. UNDT found that the Applicant had not shown enough diligence in seeking legal advice during the additional time that he had been granted. UNDT concluded that the application constituted an abuse of the process and rejected the second request for an extension of time.

Legal Principle(s)

Article 8. 3 of the UNDT Statute and Article 7.5 of the UNDT RoP do not confer any right upon the Applicant, but simply provide the option of requesting the Tribunal to suspend, waive or extend deadlines where exceptional circumstances can be shown. It is for the Tribunal to decide whether exceptional circumstances justify the request.

Outcome

Appeal dismissed on receivability

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Full Judgment

Applicants/Appellants

Hijaz

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Case Number(s)

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