UNDT/2023/020

UNDT/2023/020, Applicant

UNAT Held or UNDT Pronouncements

The Tribunal decided on its own initiative and in accordance with art. 9 of its Rules of Procedure, to adjudicate the present application by way of summary judgement.

The Tribunal noted that in accordance with art. 8.4 of the Tribunal’s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision. The Applicant filed her application on 5 March 2023 indicating that the contested decision was made in October 1995, that is, more than 27 years earlier. Consequently, her application was not receivable, and the Tribunal did not have competence to review the merits of her claim.

Decision Contested or Judgment/Order Appealed

Decision to terminate the Applicant’s permanent appointment with the United Nations.

Legal Principle(s)

Receivability is a condition sine qua non for judicial review by the Tribunal.

The examination of an application’s receivability is a matter of law, which may be adjudicated without serving the application on the Respondent for a reply and even if not raised by the parties (see Christensen 2013-UNAT-335).

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

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