2014-Ģ��ƵAT-472

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT recalled that it has consistently held that Article 8(3) of the Ģ��ƵDT Statute must be read literally to prohibit Ģ��ƵDT from waiving the deadlines for seeking management evaluation and that Ģ��ƵDT has no jurisdiction or competence to waive such deadlines. Ģ��ƵAT held that ignorance of the law is no excuse and, while it was unfortĢ��ƵATe that Mr. Nianda-Lusakueno relied on the informal review procedure, such reliance did not qualify as exceptional circumstances under ICAO Staff Rule 111. 1, paragraph 8. Ģ��ƵAT dismissed the appeal and affirmed the decision of the Secretary-General of ICAO.

Decision Contested or Judgment/Order Appealed

Mr Nianda-Lusakueno contested the decision not to extend his contract. The Advisory Joint Appeals Board (AJAB) rejected Mr Nianda-Lusakueno��s appeal as time-barred. The Secretary-General of ICAO accepted the AJAB��s recommendation and denied Mr Nianda-Lusakueno��s request for a waiver of the time limit for the filing of his appeal.

Legal Principle(s)

Article 8(3) of the Ģ��ƵDT Statute must be read literally to prohibit Ģ��ƵDT from waiving the deadlines for seeking management evaluation. Ignorance of the law is no excuse for missing deadlines.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered

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 Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT 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.

Applicants/Appellants

Nianda-Lusakueno

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement