2018-Ģ��ƵAT-883

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered whether exceptional circumstances should apply to the Appellant��s appeal, under Article 8(3) of the Ģ��ƵDT Statute. Ģ��ƵAT held that Ģ��ƵDT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. Ģ��ƵAT held that Ģ��ƵDT did not err in finding that the application was not receivable. Ģ��ƵAT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application with Ģ��ƵDT, appealing the administrative decision imposing the disciplinary measure of separation of service. The Secretary-General filed a motion for summary judgment, contending that the application was not receivable. Ģ��ƵDT dismissed the Applicant��s application as not receivable because she did not file it in a timely fashion, under Article 8(1)(d)(ii) of the Ģ��ƵDT Statute. Ģ��ƵDT also held that the Applicant��s motion for suspension, waiver, or extension of time limit could not be entertained because it was not filed before the filing of her substantive application, under Article 8(3) of the Ģ��ƵDT Statute.

Legal Principle(s)

In cases where management evaluation is not required, in terms of Article 8(1)(d)(ii) of the Ģ��ƵDT Statute, the application to the Ģ��ƵDT must be filed within 90 calendar days of the applicant��s receipt of the administrative decision. An application for waiver of timelines ordinarily must be filed before the application is made and not afterwards.

Outcome

Appeal dismissed on merits

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

Khisa

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement