UNDT/2009/052

UNDT/2009/052, Rosca

UNAT Held or UNDT Pronouncements

Transferred JAB cases are governed by the UNDT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the UNDT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.

Decision Contested or Judgment/Order Appealed

The applicant alleges the decision to extend his contract for a limited period only was improper because it was based on extraneous factors, namely harassment and abuse of authority. The respondent submitted that the application was time-barred as the applicant failed to meet the deadline for appeal. The applicant claimed that his application was not time-barred as neither he nor his counsel were aware of the response until a later date.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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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

Rosca

Entity

Case Number(s)

UNDT/NY/2009/068/JAB/2009/052

Tribunal

UNDT

Registry :

New York

Date of Judgement