2025-Ģ��ƵAT-1583

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT held that the Ģ��ƵDT did not err in concluding that the former staff member��s application was not receivable ratione materiae because he did not attempt to resolve the dispute through the office of the United Nations Funds and Programmes Ombudsman, as explicitly required by the Settlement Agreement to which he had expressly agreed. The Ģ��ƵAT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the Ģ��ƵDT committed no error in holding the parties to its terms.

The Ģ��ƵAT further found that the Ģ��ƵDT did not err in determining that the former staff member��s application was not receivable ratione temporis. It held that the former staff member had 90 calendar days from 11 November 2018 �C the date until which his fixed-term appointment was extended (i.e., the last day for implementation specified in the Settlement Agreement) �C to file his application before the Ģ��ƵDT. Despite this, he submitted his application almost six and a half years after the signature of the Settlement Agreement, without demonstrating any exceptional circumstances, factors beyond his control or cogent reasons that prevented him from timely requesting enforcement of the Settlement Agreement. Therefore, the Ģ��ƵAT held that his application was time-barred.

The Ģ��ƵAT dismissed the appeal and affirmed Judgment No. Ģ��ƵDT/2025/013.

Decision Contested or Judgment/Order Appealed

A former staff member of the United Nations Population Fund (Ģ��ƵFPA) sought to reopen a Ģ��ƵDT case in order to request enforcement of a Settlement Agreement he signed with Ģ��ƵFPA in March 2018.

In its Judgment on Receivability No. Ģ��ƵDT/2025/013, the Ģ��ƵDT dismissed the former staff member��s application, finding it not receivable ratione materiae and ratione temporis.

Former staff member appealed.

Legal Principle(s)

In accordance with Article 8(2) of the Ģ��ƵDT Statute, an application seeking to enforce the implementation of an agreement reached through mediation must be filed within 90 days after the last day for the implementation specified in the mediation agreement or, when the mediation agreement is silent on the matter, after the thirtieth day from the date of the signing of the agreement.

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.

Applicants/Appellants

Martin Akerman

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Date of Judgement