UNDT/2017/047

UNDT/2017/047, Mbaa

UNAT Held or UNDT Pronouncements

The Applicant failed to comply with art. 8.1(d)(ii) of the UNDT Statute, because he did not file his application until more than one year after the 90-day statutory deadline. The Tribunal held that the application was time-barred due to the Applicant’s failure to file his application within the established time limits. The Tribunal also held that the Applicant failed to articulate any exceptional circumstances justifying the delay.

Decision Contested or Judgment/Order Appealed

The disciplinary measure of separation from service, with compensation in lieu of notice but with termination indemnity.

Legal Principle(s)

Pursuant to staff rule 11.2(b), applicants do not need to request management evaluation when challenging the imposition of a disciplinary measure. They are, however, required by art. 8.1(d)(ii) of the UNDT Statute to file their applications within 90 calendar days of their receipt of the administrative decision.

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

Mbaa

Entity

Case Number(s)

Tribunal

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