UNAT Held or UNDT Pronouncements
The UNAT noted that ABD’s appeal was filed within 60 days of the Order’s issuance, but more than 30 days after that event. Given that under Article 7(1)(c) of the UNAT Statute, a party has 30 days to appeal an order, ABD was out of time to appeal against the impugned UNDT Order.
The UNAT dismissed the appeal as not receivable.
Decision Contested or Judgment/Order Appealed
Former staff member requested the UNDT to redact certain paragraphs of a UNDT Judgment which they contended contained sensitive personal information.
In an Order issued on 4 September 2024, the UNDT granted in part the redaction request.
On 3 November 2024, the former staff member appealed.
Legal Principle(s)
For a case to be receivable, which goes to the issue of jurisdiction, the UNAT should have jurisdiction, as only then is it empowered to consider and decide the merits thereof.
The UNAT has no power in law to consider an appeal from an order if the appeal is out of time and there has been no request for waiver of or other adjustment to this limitation period, or the disclosure of exceptional circumstances why there should be a waiver.