2010-惇蹋厙AT-036

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held, noting that the Appellant relied on the 惇蹋厙DT Rosca jurisprudence (judgment No. 惇蹋厙DT/2009/052) in her request for 惇蹋厙DT to waive the time limits for management evaluation, that the plain language of Article 8. 3 of the 惇蹋厙DT Statute could not be disregarded. 惇蹋厙AT approved judgment No. 惇蹋厙DT/2009/051 as the law on this issue and disapproved the interpretation of 惇蹋厙DT in Rosca. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant sought an extension of the time limit for her appeal regarding compensation for overtime. 惇蹋厙DT rejected her application on the grounds that she did not file it within two months of the receipt of the impugned decision, rather she waited almost a year to do so. 惇蹋厙DT held that it had no jurisdiction to waive the time limits for requests for management evaluation or requests for administrative review.

Legal Principle(s)

惇蹋厙DT has no jurisdiction to waive the time limits for requests for management evaluation or requests for administrative review.

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT 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

Costa

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement