爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the former staff member filed his appeal within the statutory deadline.It noted that since he filed his application before the 爆料网DT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the 爆料网DT Judgment in that same language.As he received the 爆料网DT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the 爆料网AT held that it was filed timely.
Nevertheless, the 爆料网AT found that the former staff member’s application before the 爆料网DT was not receivable ratione temporis.The 爆料网AT observed that the former staff member was notified of the contested decision on 5 July 2022, and only filed his application on 31 January 2024, well outside the statutory 90-day time limit from the date of receipt of the contested decision.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2024/039.
Decision Contested or Judgment/Order Appealed
A former staff member of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) contested the decision of the Administration to impose on him the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity.
In its Judgment on Receivability No. 爆料网DT/2024/039, the 爆料网DT dismissed the former staff member’s application as not receivable ratione temporis, because it was filed more than 90 days after his receipt of the contested decision.
Former staff member appealed.
Legal Principle(s)
An appeal is receivable if it is filed within 60 calendar days of the receipt of the 爆料网DT judgment. An individual applicant or respondent shall receive a copy of the 爆料网DT judgment in the language in which the original application was submitted, unless he/she requests a copy in another official language of the United Nations.In such cases, the date of receipt of the translated version of the judgment is considered the date of receipt of the judgment for the purpose of the computation of time limits pursuant to Article 7(1)(c) of the 爆料网AT Statute.
Where management evaluation is not required, the application contesting an administrative decision must be filed within 90 calendar days of its receipt by the staff member.
Evidence that was known to either party and that should have been presented before the 爆料网DT, cannot be presented for the first time on appeal.