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UNDT/2022/006

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UNDT/2022/006, Songwa

UNAT Held or UNDT Pronouncements

The record is clear that the Applicant first came to the Tribunal on 24 February 2020, after 90 days from the date he was notified of the contested decision. Time limits for formal contestations are to be strictly enforced, a day late is by no means de minimis. The UNDT has no discretion to waive the applicable deadlines.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the disciplinary measure imposed on him by the Respondent.

Legal Principle(s)

Article 8.1(d)(ii) of the Dispute Tribunal’s Statute stipulates that in cases where a request for management evaluation of a contested decision is not required, the application must be made within 90 calendar days of the applicant’s receipt of the administrative decision.

Outcome
Dismissed as not receivable
Outcome Extra Text

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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
Songwa
Entity
UNHCR
Case Number(s)
UNDT/NBI/2021/15
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Judge(s)
Judge Buffa
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Temporal (ratione temporis)
Applicable Law
UNDT Statute