AV

2018-UNAT-872

2018-UNAT-872, Sylvester

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. UNAT was satisfied that the AJAB had considered all relevant evidence to the issues. UNAT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.

Decision Contested or Judgment/Order Appealed

ICAO Decision: The Applicant submitted a request for a waiver of the delay in filing an appeal to the Secretary-General of ICAO in view of exceptional circumstances. The Secretary-General of ICAO decided to accept the opinion of the Advisory Joint Appeals Board (AJAB) that the Applicant’s request did not present evidence of “exceptional circumstances” justifying a waiver and to deny the Applicant’s appeal.

Legal Principle(s)

The Applicant bears the burden to prove any circumstances beyond his or her control that would have the effect of preventing him or her from acting within the statutory time limits.

Outcome
Appeal dismissed on merits

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.