2019-Ģ��ƵAT-959

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT did not err in dismissing the application as not receivable ratione temporis. Ģ��ƵAT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. Ģ��ƵAT held that, with respect to the original decision, the Applicant did not file a request to Ģ��ƵDT to suspend or extend the deadlines for filing her application to Ģ��ƵDT, nor did she claim exceptional circumstances justifying a waiver of the time limits. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to reimburse her registration or the parents�� association fees as part of her education grant advance. Ģ��ƵDT dismissed her application on the grounds that it was time-barred.

Legal Principle(s)

A staff member cannot reset the time limits for management evaluation by asking for a confirmation of an administrative decision that has been communicated to him or her earlier. A subsequent reiteration of a previously communicated decision, if it does not add anything different or material to the original decision, is not a new administrative decision triggering a new time limit for appeal.

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

Wesslund

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement