2013-UNAT-390

2013-UNAT-390, Wesslund

UNAT Held or UNDT Pronouncements

UNAT considered a writ of mandamus from Ms Wesslund, who requested that UNAT order UNDT to accept her applications. UNAT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against UNDT Order No. 100 (NY/2013). UNAT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to UNAT for an extension or waive of the applicable time limits, UNAT held that the appeal of the Order was not receivable ratione temporis. UNAT dismissed the motion of writ of mandamus as not receivable.

Decision Contested or Judgment/Order Appealed

In Order No. 100 (NY/2013), UNDT ruled that only an application submitted on the prescribed application form and through the eFiling portal, which met all the requirements of UNDT Practice Direction 4 and all other relevant requirements, would be considered for registration and transmitted to UNDT by the Registry.

Legal Principle(s)

UNAT may decide in writing, upon written request by the applicant, to suspend or waive the deadlines for a limited period of time, except the deadlines for management evaluation.

Outcome

Appeal dismissed on receivability

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Wesslund

Entity

Case Number(s)

Tribunal

Registry :