UNDT/2015/108, Babiker
The UNDT further found that the Applicant also failed to submit her application to the UNDT within the prescribed time period. The UNDT found that UNDP provided incorrect information to the Applicant regard the “suspension” of its response to her management evaluation request, which may have contributed to the Applicant’s late filing of her application with the UNDT. Nevertheless, the UNDT found that ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice. The application was dismissed as not receivable ratione materiae and ratione temporis.
The Applicant, a former staff member with the United Nations Development Programme (“UNDP”) in Haiti, contests the decision not to renew her fixed-term appointment.
Deadlines for management evaluation request: The UNDT does not have jurisdiction, pursuant to art. 8.3 of its Statute, to waive or extend the deadlines for management evaluation requests.Reiteration/repetition of the decision: Reiterations or repetitions of the same administrative decision in response to the Applicant’s communication do not reset the clock with respect to the applicable time limits in which the original decision is to be contested.Ignorance of law: Ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice.Suspension/waiver of the time limits: UNDP has no legal authority to suspend or extend the deadline for the filing of an application with the Dispute Tribunal. The time limits for filing before the Tribunal are stipulated in the Statute of the Tribunal, and the authority to suspend or waive them rests solely with the Dispute Tribunal, as results from art. 8.3 of the Statute and arts. 7.5 and 35 of the Rules of Procedure.