Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

Staff rule 111.2 (a) requires that a staff member who wishes to challenge an administrative decision to request the Secretary-General, within two months of notification of the said decision, for the decision to be reconsidered. This period starts from the notification of the first refusal decision. The sending by the administration of decisions confirming a first refusal does not reopen the deadlines. However, it is up to the judge to ascertain before rejecting a time-barred request that the staff member has not been misled by the administration on the terms of his appeal.

The Tribunal found that the appeal against the first decision was both time-barred and without merits, and that the appeal against the second decision was time-barred. The Tribunal further concluded that the respondent had properly exercised his discretionary authority in deciding not to refer the investigation panel’s findings to the ASG/OHRM. Confirmative decisions: When a staff member repeats the same request to the Administration, only the first decision denying it is subject to appeal and the time limits for appeal start running from that first decision. Subsequent refusal decisions are...

The question of waiver of time limits applicable to transferred cases is governed by Article 8.3 of the Statute rather than by Staff Rule 111.2(f). A request for an administrative review or management evaluation is mandatory in the present case. With regard to section 1.4 of ST/SGB/2009/11, the Applicant cannot be considered to have satisfied the requirement to submit a request for management evaluation as provided for in Article 8 paragraph 1 (c) of the Statute.

No exceptional circumstances justifying a waiver of time limits prescribed in former staff rule 111.2 (a) could be found. The Applicant having served for long time in the Organization, she had ample opportunity to become familiar with the applicable rules. Therefore, it is reasonable to expect the applicant to be acquainted with the rules on time limits. The Applicant was not induced into error by MEU response as to the outcome she could expect from a procedure before the Tribunal. The transition to the new justice system cannot be said to have affected the Applicant’s ability to timely...

The Applicant’s request for review is time-barred as far as the decision not to renew her appointment is concerned. As regards both the non-renewal of the Applicant’s contract and the alleged mishandling of her visa request (even assuming that such mishandling could be linked to an administrative decision subject to appeal), the Applicant, in the absence of a response from the Secretary-General within two months of her request for review, had one month to file an appeal with the JAB. The appeal is time-barred as well. Given that the time limits prescribed in staff rule 111.2 (a) were not...

In accordance with former staff rule 111.2 (a) (i), the Applicant had only one month as of the receipt of the Secretary-General’s reply to submit an appeal to the JAB. The Tribunal noted that the Applicant received the reply to her request for review on 31 January 2008 and that the JAB received her appeal only on 31 March 2008. Hence, the Tribunal considered that the Applicant’s appeal was late. The Tribunal examined the record of facts and concluded that no exceptional circumstances existed, which may justify a waiver of the time limits for the submission of the statement of appeal to the JAB...

Under the given circumstances, the application for an extension of time could not be considered as an application on the merits. No exceptional circumstances for an extension of time could be found. Lack of legal counsel normally does not constitute an exceptional circumstance. Since the Applicant had learned one month before the end of the time limit that OSLA would not take her case, it was appropriate and reasonable for the Applicant to submit an application by herself within the time limits.

Time limits for contesting administrative decisions are well known and widespread instruments in administrative law, both in national and in international jurisdictions. Compared to the time limits in some national and international systems, the time limits in the UN justice system remain within a reasonable frame. As for exceptions, “exceptional cases” arise from exceptional personal circumstances. Relevant factors for an Applicant’s failure to act within the prescribed time limits are confined to his individual capacities. Factors like the prospects of success on the merits and the...

The Tribunal dealt with the notion of “exceptional circumstances” in the light of the jurisprudence of the former UN Administrative Tribunal, the UNDT and the UN Appeals Tribunal. It reaffirmed that “exceptional circumstances” are those circumstances that are outside the control of the applicant. The Tribunal considered whether it could find any exceptional circumstances, as alleged by the Applicant that could justify a waiver of the receivability requirements, pursuant to staff rule 111.2 (f) of ST/SGB/1999/5 of 3 June 1999. Initially the Applicant submitted before the JAB that the fact that...