UNDT/2021/150, Tepamose
The application was not receivable ratione temporis because it should have been filed on or before 11 November 2021 but was filed on 1 December 2021.
The Applicant challenged the non-renewal of his contract following the abolition of his post.
The issue of receivability is one which in appropriate cases, such as this one, the Tribunal may determine on a priority basis without awaiting the Respondent’s reply. Article 8.1(d)(i)(a) of the Dispute Tribunal’s Statute stipulates that in cases where a request for management evaluation of a contested decision is required the application shall only be receivable if it is filed within 90 calendar days of the Applicant’s receipt of the response to the RME. Time limits for formal contestations are to be strictly enforced, a day late is by no means de minimis. Whether a deadline is missed by several minutes, several hours, or several days is irrelevant.