2012-Ģ��ƵAT-203

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered Ms Comerford-Verzuu��s appeal and the Secretary-General��s cross-appeal, regarding whether Ģ��ƵDT was correct in holding that the contested decision was dated 2 August 2005 and that the request for administrative review was time-barred. Ģ��ƵAT found that the OIOS reply of 2 August 2005 was the administrative decision of which Ms Comerford-Verzuu was seeking a review. Ģ��ƵAT held that the subsequent correspondence was unwarranted and did not extend the time limit for seeking administrative review of the first administrative order. Accordingly, the time limit for seeking administrative review started on 2 August 2005. Ģ��ƵAT held that, as no administrative review was sought within the prescribed time limit, Ģ��ƵDT had correctly held that the case was not receivable ratione temporis. Ģ��ƵAT, in addressing the Secretary-General��s cross-appeal, referred to its judgment in Koda (2011-Ģ��ƵAT-130), where it held that OIOS is subject to the Internal Justice System since it is part of the Secretariat. Ģ��ƵAT dismissed the appeal and cross-appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ms Comerford-Verzuu contested the Office of Internal Oversight Services�� (OIOS) decision to refuse to investigate her complaint of intimidation, harassment, etc. and failure to answer her correspondence. Ģ��ƵDT held that Ms Comerford-Verzuu��s request for administrative review was not timely filed and thus, not receivable.

Legal Principle(s)

The date an administrative decision is rendered starts the time limit for seeking administrative review.

Outcome

Appeal dismissed on merits

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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.

Applicants/Appellants

Comerford-Verzuu

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement