2010-UNAT-067 | SYSTEM OF ADMINISTRATION OF JUSTICE

2010-UNAT-067, Diagne et al.

UNAT Held or UNDT Pronouncements

UNAT held that the Appellants each failed to bring themselves under the exceptional circumstances provision of former Staff Rule 111. 2(f). UNAT held that there was no legal difference between exceptional circumstances and exceptional cases. UNAT held that a delay can generally be excused only because of circumstances beyond an Appellant’s control. UNAT held that no error in fact or in law was made by UNDT. UNAT dismissed the appeal.

Decision Contested or Judgment Appealed

The Applicant contested the decision to terminate his appointment. UNDT held that the application to the Joint Appeals Board was time-barred as it was filed after the time limit set out in former Staff Rule 111. 2(a) and there were no exceptional circumstances to justify the waiver of that time limit.

Legal Principle(s)

A delay can generally be excused only because of circumstances beyond the appellant’s control.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Diagne et al.

Entity

UNHCR

Case Number(s)

2009-014

Tribunal

UNAT

Registry Location :

New York