2025-Ģ��ƵAT-1607

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT held that the former staff member filed his appeal within the statutory deadline.It noted that since he filed his application before the Ģ��ƵDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the Ģ��ƵDT Judgment in that same language.As he received the Ģ��ƵDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the Ģ��ƵAT held that it was filed timely.

Nevertheless, the Ģ��ƵAT found that the former staff member��s application before the Ģ��ƵDT was not receivable ratione temporis.The Ģ��ƵAT observed that the former staff member was notified of the contested decision on 5 July 2022, and only filed his application on 31 January 2024, well outside the statutory 90-day time limit from the date of receipt of the contested decision.

The Ģ��ƵAT dismissed the appeal and affirmed Judgment No. Ģ��ƵDT/2024/039.

Decision Contested or Judgment/Order Appealed

A former staff member of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) contested the decision of the Administration to impose on him the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity.

In its Judgment on Receivability No. Ģ��ƵDT/2024/039, the Ģ��ƵDT dismissed the former staff member��s application as not receivable ratione temporis, because it was filed more than 90 days after his receipt of the contested decision.

Former staff member appealed.

Legal Principle(s)

An appeal is receivable if it is filed within 60 calendar days of the receipt of the Ģ��ƵDT judgment. An individual applicant or respondent shall receive a copy of the Ģ��ƵDT judgment in the language in which the original application was submitted, unless he/she requests a copy in another official language of the United Nations.In such cases, the date of receipt of the translated version of the judgment is considered the date of receipt of the judgment for the purpose of the computation of time limits pursuant to Article 7(1)(c) of the Ģ��ƵAT Statute.

Where management evaluation is not required, the application contesting an administrative decision must be filed within 90 calendar days of its receipt by the staff member.

Evidence that was known to either party and that should have been presented before the Ģ��ƵDT, cannot be presented for the first time on appeal.

Outcome

Appeal dismissed on merits

Outcome Extra Text

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

John Zumbu Massamba

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Date of Judgement