2024-UNAT-1411 | SYSTEM OF ADMINISTRATION OF JUSTICE

2024-UNAT-1411, AAU

UNAT Held or UNDT Pronouncements

The UNAT held that the staff member’s attempts to reargue her case failed to identify any reviewable error in the UNDT Judgment, warranting alone dismissal of her appeal. In any event, regardless of the merits of her claim, the UNAT found that her application was time-barred under Article 8(4) of the UNDT Statute since she filed it 27 years after her receipt of the contested decision. Recalling that there is no authority given to either tribunal to extend time limits in these circumstances, the UNAT concluded that the UNDT was correct to conclude that her application was not receivable.

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2023/020.

Decision Contested or Judgment Appealed

The Appellant, a former staff member of the United Nations, contested the decision of the Administration to terminate her appointment with the Organization in October 1995. In its Judgment No. UNDT/2023/020, the UNDT dismissed her application as not receivable ratione temporis because she requested management evaluation of the contested decision and submitted her application to the UNDT more than 27 years after her receipt of the contested decision. However, the UNDT granted her request for anonymity. Former staff member appealed.

Legal Principle(s)

The appellant has the burden of demonstrating that the UNDT erred pursuant to one or more of the grounds of appeal set out in Article 2(1) of the UNAT Statute.

An application to the UNDT is not receivable if it is filed more than three years after the receipt of the contested administrative decision.

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.

Full Judgment

Applicants/ Appellants

AAU

Entity

UN Secretariat

Case Number(s)

2023-1805

Tribunal

UNAT

Registry Location :

New York