É«¿âTV

The UNAT rejected the former staff member¡¯s motion for anonymity, as it was filed out of time and without exceptional circumstances justifying a waiver of the time limit.

The UNAT found that the UNRWA DT did not err in concluding that the former staff member¡¯s application was not receivable. The 60-day period within which she had to submit a request for decision review (RDR) began on 13 September 2023 and ended on 11 November 2023. As her RDR was lodged (i.e., received by the Agency) late on 11 November 2023, it was lodged within the statutory time limit. However, in the absence of a...

The UNAT did not consider the seasonal absences of legal staff to be an exceptional circumstance. The UNAT found that, on the contrary, it was routinely expected that staff will take annual leave in the summer months. The UNAT further held that the fact that the Director General had failed to view any e-mail for a period of 19 days was an error for which the consequences had to be borne by the Director General. The UNAT denied the Director General¡¯s motion for an extension of time to file a response to the staff members¡¯ motion.

The UNAT found that the presented reasons for an extension did not qualify as exceptional circumstances and did not necessitate an extension in the interest of justice. The UNAT denied the motion for an extension of the time limit to file the appeal.

The Commissioner-General appealed.

The UNAT held that insofar as the Agency's decision of 25 April 2019 rejecting the request for an SPOA might not have been unequivocal, that decision was reiterated in the e-mail of 17 June 2019 leaving no doubt that the Agency had decided then to pay Ms. Abou Salah an SPOA of 15 per cent rather than 25 per cent, possibly in breach of her contract. The fact that other persons subsequently sought to intervene on her behalf did not change that.

The UNAT found that Ms. Abou Salah¡¯s subsequent correspondence, as well as correspondence written on her behalf...

Ms. Mkhabela appealed.

As regards receivability ratione temporis, the UNAT held that the RC could not be seen as having lawfully extended the time limits to file a management evaluation request. Apart from the fact that there is no evidence of such a promise, the truth is that the RC did not have such authority, which is only bestowed upon the Secretary-General, as prescribed by Staff Rule 11.2(c). Likewise, Ms. Mkhabela¡¯s claim that she was not apprised of the reasons or decision to deviate from the Transition Plan is without merit, as she is not entitled to be made aware of reasons behind...

The Dispute Tribunal may suspend or waive the deadlines for the filing of applications imposed by the Statute and Rules of Procedure, but may not suspend or waive the deadlines in the Staff Rules concerning management evaluation because this is the prerogative of the Secretary-General.The drafters of the Statute of the Dispute Tribunal intended that all applications to the Tribunal would be subject to the rules under which this Tribunal operates. Therefore, pursuant to Article 8.3 of the Statute, the Tribunal has no jurisdiction to extend the deadlines for the filing of requests for...

Transferred JAB cases are governed by the UNDT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the UNDT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.

On consideration of the totality of the applicant¡¯s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.