UNDT/2019/044, Achakzai

UNAT Held or UNDT Pronouncements

The Tribunal noted that according to the Applicant’s submission, he was notified of the contested decision on 19 May 2017. Therefore, the 90-day time limit to institute proceedings before the Tribunal expired on 17 August 2017. It followed that when the Applicant submitted his incomplete application by email on 21 August 2017, the statutory time limit had already elapsed. The Tribunal therefore found that the application was irreceivable ratione temporis.

Decision Contested or Judgment/Order Appealed

Imposition of disciplinary measure of a loss of five steps in grade and deferment of eligibility for consideration for promotion for a period of three years.

Legal Principle(s)

Time limits for formal contestation are to be strictly enforced (Mezoui 2010-UNAT043, Al-Mulla 2013-UNAT-394, Samuel-Thambiah 2013-UNAT-385, Romman 2013UNAT-308, Kissila 2014-UNAT-470, Kazazi 2015-UNAT-557).

Outcome

Dismissed as not receivable

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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.

Applicants/Appellants

Achakzai

Entity

UNHCR

Case Number(s)

UNDT/GVA/2019/4

Tribunal

UNDT

Registry

Geneva

Date of Judgement