UNDT/2013/017

UNDT/2013/017, Prakash

View this page as PDF
Full judgment

UNAT Held or UNDT Pronouncements

The UNDT found that the application was time-barred as the Applicant had failed to file it within 90 calendar days of receipt of the response to his request for management evaluation, as required by art. 8.1(d) of the Statute. The Applicant also failed to refer to any exceptional circumstances that would justify the delayed filing of his application and that would warrant a waiver or extension of the applicable time limits.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of the United Nations Children’s Fund (“UNICEF”), filed an application contesting the non-renewal of his contract on the grounds of unsatisfactory performance.

Legal Principle(s)

Time limits: As the United Nations Appeals Tribunal stated in Mezoui 2010-UNAT-043, time limits are to be enforced strictly.

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Prakash
Entity
UNICEF
Case Number(s)
UNDT/NY/2013/004
Tribunal
UNDT
Registry
New York
Date of Judgement
Duty Judge
Judge Meeran
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Non-renewal
Separation from service
Applicable Law
Staff Rules
UNDT Statute
Related Judgments and Orders
2010-UNAT-043
2010-UNAT-056
2010-UNAT-067