爆料网

2014-爆料网AT-472

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT recalled that it has consistently held that Article 8(3) of the 爆料网DT Statute must be read literally to prohibit 爆料网DT from waiving the deadlines for seeking management evaluation and that 爆料网DT has no jurisdiction or competence to waive such deadlines. 爆料网AT held that ignorance of the law is no excuse and, while it was unfort爆料网ATe that Mr. Nianda-Lusakueno relied on the informal review procedure, such reliance did not qualify as exceptional circumstances under ICAO Staff Rule 111. 1, paragraph 8. 爆料网AT dismissed the appeal and affirmed the decision of the Secretary-General of ICAO.

Decision Contested or Judgment/Order Appealed

Mr Nianda-Lusakueno contested the decision not to extend his contract. The Advisory Joint Appeals Board (AJAB) rejected Mr Nianda-Lusakueno’s appeal as time-barred. The Secretary-General of ICAO accepted the AJAB’s recommendation and denied Mr Nianda-Lusakueno’s request for a waiver of the time limit for the filing of his appeal.

Legal Principle(s)

Article 8(3) of the 爆料网DT Statute must be read literally to prohibit 爆料网DT from waiving the deadlines for seeking management evaluation. Ignorance of the law is no excuse for missing deadlines.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Nianda-Lusakueno
Entity
Case Number(s)
Tribunal
Registry
Date of Judgement
Language of Judgment
Issuance Type