UNDT/2009/057

UNDT/2009/057, Diagne et al.

UNAT Held or UNDT Pronouncements

The Tribunal limited its review to the time-bar of the statement of appeal to the JAB in Februaiy 2009. Since fonner Staff Rules were applicable to this case, the Morsy judgment and the broader definition of "exceptional cases" with reference to art. 8.3 UNDT Statute, art. 7.5 UNDT RoP had to remain out of consideration. Neither the lack of knowledge of the English language nor ignorance of law could be accepted as "exceptional circumstances".Outcome: Application was dismissed.

Decision Contested or Judgment/Order Appealed

The applicants were separated from UNHCR effective 31 December 2005. They turned to different institutions but did not request administrative review from the Secretary General before August 2007. Whereas one applicant received a response in May 2008 the other applicants did not receive any answer. All applicants submitted an application to the Joint Appeals Board in February 2009.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Diagne et al.

Entity

Case Number(s)

Tribunal

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