UNAT Held or UNDT Pronouncements
The UNAT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the UNDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the UNDT Judgment in that same language. As he received the UNDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the UNAT held that it was filed timely.
Nevertheless, the UNAT found that the former staff member鈥檚 application before the UNDT was not receivable ratione temporis. The UNAT 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 UNAT dismissed the appeal and affirmed Judgment No. UNDT/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. UNDT/2024/039, the UNDT dismissed the former staff member鈥檚 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 UNDT judgment. An individual applicant or respondent shall receive a copy of the UNDT 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 UNAT 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 UNDT, cannot be presented for the first time on appeal.