UNDT/2022/104, Karki

UNAT Held or UNDT Pronouncements

The Applicant was notified of the decision in writing by email dated 17 June 2022. Accordingly, he was required to file his application by 15 September 2022. However, the Applicant filed it on 18 September 2022. The application was therefore not filed within the deadlines stipulated by the Tribunal's Statute. Further, the Applicant did not request a waiver of the deadline before filing his late application or in the late application itself. The application was found to not be receivable.

Decision Contested or Judgment Appealed

Disciplinary measure of dismissal imposed by the High Commissioner.

Legal Principle(s)

Pursuant to art. 8.1(d)(ii), where management evaluation of a contested decision is not required, an application is receivable if it is filed within 90 calendar days of the applicant's receipt of the administrative decision. Article 8.3 of the UNDT Statute allows the UNDT to waive the deadline for the filing of an application in exceptional cases. However, in terms of the jurisprudence of the United Nations Appeals Tribunal (“UNAT”), an application for waiver ordinarily must be filed before the application is filed and not afterwards.

Outcome

Dismissed as not receivable

Outcome Extra Text

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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

Karki

Entity

UNHCR

Case Number(s)

UNDT/NBI/2022/091

Tribunal

UNDT

Registry Location :

Nairobi