2024-Ģ��ƵAT-1411

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT held that the staff member��s attempts to reargue her case failed to identify any reviewable error in the Ģ��ƵDT Judgment, warranting alone dismissal of her appeal. In any event, regardless of the merits of her claim, the Ģ��ƵAT found that her application was time-barred under Article 8(4) of the Ģ��ƵDT Statute since she filed it 27 years after her receipt of the contested decision. Recalling that there is no authority given to either tribunal to extend time limits in these circumstances, the Ģ��ƵAT concluded that the Ģ��ƵDT was correct to conclude that her application was not receivable.

The Ģ��ƵAT dismissed the appeal and affirmed Judgment No. Ģ��ƵDT/2023/020.

Decision Contested or Judgment/Order Appealed

The Appellant, a former staff member of the United Nations, contested the decision of the Administration to terminate her appointment with the Organization in October 1995. In its Judgment No. Ģ��ƵDT/2023/020, the Ģ��ƵDT dismissed her application as not receivable ratione temporis because she requested management evaluation of the contested decision and submitted her application to the Ģ��ƵDT more than 27 years after her receipt of the contested decision. However, the Ģ��ƵDT granted her request for anonymity. Former staff member appealed.

Legal Principle(s)

The appellant has the burden of demonstrating that the Ģ��ƵDT erred pursuant to one or more of the grounds of appeal set out in Article 2(1) of the Ģ��ƵAT Statute.

An application to the Ģ��ƵDT is not receivable if it is filed more than three years after the receipt of the contested administrative decision.

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.

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