2015-UNAT-606, Hayek

UNAT Held or UNDT Pronouncements

As a preliminary matter, UNAT found that there were no exceptional circumstances to warrant the granting of the Appellant’s motion for leave to file a reply to the Commissioner-General’s answer and denied the motion. UNAT held that the UNRWA’s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that UNRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. UNAT held that UNRWA DT correctly found that the application was not receivable ratione materiae. On the Commissioner-General’s request for an award of costs, UNAT held that while the appeal was frivolous, it was not an abuse of process and therefore denied the request for an award of costs. UNAT denied the appeal and affirmed the UNRWA DT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to terminate his appointment. UNRWA DT dismissed the application as not receivable ratione materiae and ratione temporis.

Legal Principle(s)

An application to UNRWA DT is not receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision and UNRWA DT has no discretion to waive this time limit.

Outcome

Appeal dismissed on merits

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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

Hayek

Entity

UNRWA

Case Number(s)

2015-706

Tribunal

UNAT

Registry Location :

New York