2013-Ģ��ƵAT-331

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. Ģ��ƵAT held that Ģ��ƵRWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. Ģ��ƵAT held that Ģ��ƵRWA��s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. Ģ��ƵAT noted that the Commissioner-General did not dispute the Appellant��s claim that the Ģ��ƵRWA Area Staff Rules and Regulations and the Ģ��ƵRWA JAB Rules of Procedure were not disseminated in Arabic. Ģ��ƵAT held that the late response of the Commissioner-General effectively re-set the clock for appeal and therefore the appeal was, indeed, timely. Ģ��ƵAT vacated the Ģ��ƵRWA DT judgment and remanded the matter to Ģ��ƵRWA DT for a decision on the merits.

Decision Contested or Judgment/Order Appealed

The Applicant contested the termination of his appointment. Ģ��ƵDT dismissed the application as time-barred or not receivable ratione temporis.

Legal Principle(s)

A late response by the Administration to a request for administrative review will reset the clock for an appeal by the staff member.

Outcome

Appeal granted

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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

Faraj

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement