UNAT Held or UNDT Pronouncements
The UNAT held that the former staff member’s application before the UNDT was not receivable ratione temporis. The UNAT observed that the former staff member was notified of the contested decision on 30 May 2024 or, according to his own statement, no later than 5 June 2024. Accordingly, in the first scenario, the application should have been filed by 28 August 2024, and in the second scenario, by 3 September 2024. As his application was filed only on 4 September 2024, the UNAT concluded that it had been correctly found to have been submitted well outside the statutory 90-day time limit.
The UNAT further found that, contrary to the former staff member’s contention, Administrative Instruction ST/AI/2017/1 – which, at its Section 2.4, requires the Administration, in certain circumstances, to apply a statutory presumption that a contested decision is deemed communicated seven calendar days after issuance – was not applicable to the present case. In this regard, the UNAT observed that UNICEF has not expressly accepted the applicability of this Administrative Instruction, which forms part of the regulatory framework governing staff members of the United Nations Secretariat.
The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2025/002.
Decision Contested or Judgment/Order Appealed
A UNICEF former staff member 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/2025/002, the UNDT dismissed the former staff member’s application as not receivable ratione temporis.
Former staff member appealed.
Legal Principle(s)
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.
Strict adherence to filing deadlines assures one of the goals of our new system of administration of justice: the timely hearing of cases and rendering of judgments.
Administrative issuances shall not apply to the separately administered funds, organs and programmes of the United Nations, unless otherwise stated therein, or unless the separately administered funds, organs and programmes have expressly accepted their applicability.