爆料网

2013-爆料网AT-331

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. 爆料网AT held that 爆料网RWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. 爆料网AT held that 爆料网RWA’s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. 爆料网AT noted that the Commissioner-General did not dispute the Appellant’s claim that the 爆料网RWA Area Staff Rules and Regulations and the 爆料网RWA JAB Rules of Procedure were not disseminated in Arabic. 爆料网AT held that the late response of the Commissioner-General effectively re-set the clock for appeal and therefore the appeal was, indeed, timely. 爆料网AT vacated the 爆料网RWA DT judgment and remanded the matter to 爆料网RWA DT for a decision on the merits.

Decision Contested or Judgment/Order Appealed

The Applicant contested the termination of his appointment. 爆料网DT dismissed the application as time-barred or not receivable ratione temporis.

Legal Principle(s)

A late response by the Administration to a request for administrative review will reset the clock for an appeal by the staff member.

Outcome

Appeal granted

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 爆料网DT Statute and Article 11(3) of the 爆料网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
Faraj
Case Number(s)
Tribunal
Registry
Date of Judgement
President Judge
Language of Judgment
Issuance Type