017 (NBI/2025)

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017 (NBI/2025), Tarek Abdou

UNAT Held or UNDT Pronouncements

Having filed a motion requesting an extension of time to file an application with a fast-approaching deadline, Counsel should have monitored the case file for a ruling but failed to do so.

Considering the amount of time Counsel spent drafting and filing motions for extension of time, he could have filed an application instead.

This resulted in more resources being expended by the Applicant’s Counsel and by the Tribunal in dealing with the motions. However, the Applicant should not suffer prejudice because of his Counsel’s neglect.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision to separate him from service. In this motion, the Applicant requests a further extension of time to file his Application after failing to meet the deadline for the first extension granted by this Tribunal, due to "inadvertent law office error".

Legal Principle(s)

An applicant should not suffer prejudice because of his/her counsel’s neglect. Failure or neglect of counsel would constitute exceptional circumstances beyond the Applicant's control as contemplated by the Statute.

Outcome
Other motion granted
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 order
Individual Party
Tarek Abdou
Entity
MINUSMA
Case Number(s)
UNDT/NBI/2025/016
Tribunal
UNDT
Registry
Nairobi
Date of Order
Duty Judge
Wallace
Language of Order
English
Issuance Type
Order
Categories/Subcategories
Extension of time
Management Evaluation
Applicable Law
UNDT RoP
UNDT Statute