UNDT/2015/032 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2015/032, Pavicic

UNAT Held or UNDT Pronouncements

The Tribunal found the application to be irreceivable, considering that the responsibility to pursue a case remains with the applicant and that, even when he learnt that no (timely) management evaluation had been requested in his case, he took four additional months to submit such request.

Decision Contested or Judgment Appealed

The Applicant did not request management evaluation of the decision not to convert his fixed-term appointment into a permanent one within the statutory time limits. He sent the required documentation to the ICTY Staff Union, which was assisting a large number of ICTY staff affected by identical decisions. The Staff Union inadvertently failed to transmit the Applicant’s documentation to his (and his colleagues’) counsel.

Legal Principle(s)

Responsibility to pursue a case: the responsibility to pursue a case rests with the applicant and when he or she is represented by counsel, said applicant cannot be absolved of any error or oversight by counsel regarding the applicable time limits. An applicant is not absolved of the consequences of the acts of his/her legal representatives.

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

Pavicic

Entity

ICTY

Case Number(s)

UNDT/GVA/2015/118

Tribunal

UNDT

Registry Location :

Geneva