UNDT/2016/110

UNDT/2016/110, Nikwigize

UNAT Held or UNDT Pronouncements

The Tribunal dismissed the motion and found the application not receivable ratione temporis because (a) it was filed outside the applicable 90-day time limit as provided for by art. 8.1(d)(ii) of the Statute and (b) no extraordinary circumstances prevailed.

Decision Contested or Judgment/Order Appealed

On 12 March 2016, the Applicant, a former Senior Programme Officer at the P-5 level in OHRLLS, filed an application contesting the decision to impose on him the disciplinary measure of dismissal. On 8 April 2016, the Applicant filed a motion to waive the deadline for filing an application.

Legal Principle(s)

Timing of the filing of a motion to waive the time limit for filing an application. In Thiam 2011-UNAT-144, para 18, applicable mutatis mutandis, the Appeals Tribunal decided that: “This Court can exercise its discretion under Article 7 of the [Appeals Tribunal’s] Statute upon written application for suspension, waiver, or extension of time limit by an appellant prior to the filing of an appeal”. However, the Tribunal may still appraise if extraordinary circumstances prevail.

Outcome

Dismissed as not receivable

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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.

Full Judgment

Applicants/Appellants

Nikwigize

Entity

OHRLLS

Case Number(s)

UNDT/NY/2016/8

Tribunal

UNDT

Registry

New York