¹ú²úAV

UNAT dismissed the Appellant’s motion to file additional pleadings on the basis that there were no exceptional circumstances to justify the filing. On the merits, UNAT held that the UNDT calculation of the three-time periods of participation in the contributory health insurance plan was not correct. However, UNAT held that even the correct calculation did not result in the required 10 years of participation, but only 9 years, 10 months, and 14 days. Turning to consider the period of 11 May to 30 June 2009, UNAT held that a staff member who had expressly conceded in her application that a certain time period did not count for the calculation of his or her participation in the health insurance plans could not, on appeal, request that that very time period should count. UNAT held that a party was not permitted to assert his or her own failure to present an argument at first instance as a ground of appeal to say that UNDT was in error. UNAT held that, under the relevant provisions, the period of 11 May to 30 June 2009 did not count towards the calculation of the Appellant’s participation in order to establish eligibility for ASHI because the Appellant served under an Appointment of Limited Duration (ALD), not the required 100- or 200-series appointment. UNAT dismissed the appeal and affirmed the UNDT judgment.