UNDT/2010/025

UNDT/2010/025, Kita

UNAT Held or UNDT Pronouncements

Under the given circumstances, the application for an extension of time could not be considered as an application on the merits. No exceptional circumstances for an extension of time could be found. Lack of legal counsel normally does not constitute an exceptional circumstance. Since the Applicant had learned one month before the end of the time limit that OSLA would not take her case, it was appropriate and reasonable for the Applicant to submit an application by herself within the time limits.

Decision Contested or Judgment/Order Appealed

The Applicant explicitly requested “an extension of the time limit to submit [an] application” at 11 p.m. of the last day of the time limit for application. No explanation was given, nor was the contested decision attached. Two days later the Applicant provided additional information. The Applicant conceded that she was aware of the time limits but claimed to have had some difficulties to apply within them due to the transition to the new justice system. She alleged to have received assurances that OSLA would assist her. It turned out that OSLA had declined to take her case one month before the end of the time limit.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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Full Judgment

Applicants/Appellants

Kita

Entity

Case Number(s)

Tribunal

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