2012-��AT-218

��AT Held or ��DT Pronouncements

As a preliminary matter, ��AT denied the Appellant��s request for an oral hearing as the submissions by the parties did not require clarification. ��AT questioned whether her case presented exceptional circumstances that would warrant the reopening of her case by the Secretary-General, as her application was not filed in a timely manner. ��AT found that the appeal was not receivable as, notwithstanding her illness, she did not demonstrate such circumstances. ��AT dismissed the appeal and upheld the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the Secretary-General��s decision not to reopen or reconsider an Advisory Board on Compensation Claims�� (ABCC) decision from 2004. ��DT found that the ABCC Case was not receivable ratione temporis.

Legal Principle(s)

The Secretary-General may reopen a case provided that the applicant presents exceptional circumstances. With respect to time limits, it is the staff member��s responsibility to ensure that they are aware of the applicable procedure in the context of the administration of justice of the ��; ignorance cannot be invoked as an excuse.

Outcome

Appeal dismissed on receivability

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Applicants/Appellants

Christensen

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Case Number(s)

Tribunal

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Date of Judgement