UNAT Held or UNDT Pronouncements
The UNAT rejected the former staff member’s motion for anonymity, as it was filed out of time and without exceptional circumstances justifying a waiver of the time limit.
The UNAT found that the UNRWA DT did not err in concluding that the former staff member’s application was not receivable. The 60-day period within which she had to submit a request for decision review (RDR) began on 13 September 2023 and ended on 11 November 2023. As her RDR was lodged (i.e., received by the Agency) late on 11 November 2023, it was lodged within the statutory time limit. However, in the absence of a response from UNRWA to that RDR within 30 days of its lodgment, she then had 90 days to file her application with the UNRWA DT. This period expired at the end of 10 March 2024. Her application was filed on 11 March 2024, and was therefore out of time.
The UNAT noted that no grounds for extending or waiving that time limit were advanced by the former staff member and, in any event, the UNRWA DT did not have the authority to unilaterally waive or extend for either the RDR or the filing of her application.
The UNAT dismissed the appeal and affirmed Judgment No. UNRWA/DT/2024/017.
Decision Contested or Judgment/Order Appealed
Before the UNRWA DT, a former staff member of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA or Agency), contested the decision of the Agency to separate her from service upon the expiry of her fixed-term appointment (FTA).
In its Judgment No. UNRWA/DT/2024/017, the UNRWA DT dismissed the former staff member’s application as not receivable because it was filed out of time.
Former staff member appealed.
Legal Principle(s)
If different from the date on which it was transmitted by the staff member, a Request for Decision Review is considered lodged on the date when it is received by the Agency.
The UNRWA DT does not have the authority to suspend, waive or extend the deadlines for decision review.