2015-UNAT-543, Abu Ayyash
UNAT held that there was no error in the UNRWA DT decision that the Appellant did not challenge a discretionary administrative decision that breached the terms of his appointment, rather, he was challenging the rule providing for the manner in which separation benefits should be calculated, including the applicable interest rate. UNAT held that the Appellant did not challenge an appealable administrative decision in that he did not contest a unilateral decision taken by the administration in a precise individual case. UNAT held that UNRWA DT correctly held that the publication of interest rates is not a unilateral decision, but one of general application. UNAT held that UNRWA DT correctly found that the Appellant’s application was time-barred as it was made two and a half years after the permissible filing deadline and he failed to demonstrate any exceptional circumstances that would have prevented him from filing on time. UNAT held that UNRWA DT properly considered the facts and the applicable statutory law and jurisprudence in arriving at its decision that the Appellant’s application was not receivable. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
The Applicant contested the calculation of his benefits and sought payment for the shortfall. UNRWA DT held that the application was not receivable and dismissed the application.
An administrative decision is a unilateral decision taken by the administration in a precise individual case that produces direct legal consequences to the legal order. Ignorance of the Staff Rules and procedures related to the filings of the applications cannot be invoked as an excuse for failing to comply with deadlines.