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UNDT/2015/058

UNDT/2015/058, Schwandl

UNAT Held or UNDT Pronouncements

Administrative Decision - It is now well settled what the classic definition of an administrative decision is as determined in the case of Andronov. The pronouncement has been quoted with approval in a number of judgments of the Appeals Tribunal. Receivability ratione temporis - Even if the decision of the Administration could be termed an administrative decision capable of challenge, the Application lamentably fails. The Applicant filed her Application 13 years from the date of receiving the response of the Administration and gives the impression that she woke up and suddenly realized that she had some rights to vindicate. Under art. 8.3 of its Statute, the Dispute Tribunal may waive deadlines upon a written request from a party. This provision would not avail an application filed more than three years from the impugned decision. After three years the guillotine fatally applies to an application and the Tribunal has no power or jurisdiction to consider a request for waiver or to grant one.

Decision Contested or Judgment/Order Appealed

In her Application dated 8 September 2014, the Applicant is challenging the refusal to allow her to pay retroactive Van Breda health insurance premiums. She separated from UNDP on 31 December 2000.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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