UNDT/2010/210, Bernadel
The Respondent submits that the contested decision was expressed in a letter dated 3 August 2001 and the claim is therefore time-barred as the Applicant’s request for administrative review, dated 2 May 2005, was filed out of time. The Applicant avers that her application is receivable as the final decision subject to appeal was expressed in the letter of the High Commissioner for Human Rights dated 30 March 2005. UNDT found that the contested decision was made on 3 August 2001 and that the Applicant was notified of it, at the latest, on or before 15 April 2002. UNDT found that the Applicant failed to file a timeous request for administrative review and, under Costa 2010-UNAT-036, her application was not receivable.
The Applicant, a former General Service level staff member in the Office of the High Commissioner for Human Rights (“OHCHR”), contests the decision not to grant her retroactive special post allowance (“SPA”) to the P-2 level for the period of 1997 to 1998.
Reiteration of administrative decision: Reiterations of the same decision in response to a staff member’s repeated requests to reconsider the matter do not reset the deadlines for appealing the decision. Reiteration or explanation of an earlier decision is distinct from the making of an entirely new administrative decision.Administrative review, time limits: Under Costa 2010-UNAT-036, UNDT does not have the power to waive or suspend the time limits for requests for administrative review or management evaluation.