Jurisdiction / receivability (UNDT or first instance)
Temporal (ratione temporis)
Staff selection (non-selection/non-promotion)
In its Judgment 2010-UNAT-029, El-Khatib, the Appeals Tribunal upheld the jurisprudence of the former UN Administrative Tribunal whereby only circumstances beyond the applicant’s control that prevented him from timely pursuit of his appeal can be regarded as exceptional. The fact that the applicant believed at first that the contested decision was lawful is not an exceptional circumstance, the more so as he had the possibility to obtain information on the applicable rules from the Administration. In El-Khatib, the Appeals Tribunal further recalled that “candidates for a public post are...