UNDT/2009/056, Hijaz
Motion for extension of time was refused. Abuse of process of the Tribunal.
Between 1999, year of the Applicant’s appointment with ICTR, until 2009 the Applicant repeatedly made claims to the ICTR to review his entry level (FS-3/II). By memorandum of 4 February 2009 the Registrar notified the Applicant that the latter had been recruited in accordance with prevailing guidelines at that time. Unsatisfied by the Registrar’s decision, the Applicant requested review to the Secretary-General on 30 March 2009. The Applicant received a negative reply from the Administrative Law Unit on 1 June 2009. As a result, the Applicant decided to bring his matter to the NY Joint Appeals Board and later to the UNDT in accordance with the transitional measures. On 11 August 2009, the Applicant prayed the Tribunal for an extension of his time to file his action so as to avail himself of legal representation and the Tribunal granted him seven weeks, by or before 13 October 2009, to file his matter. In the meantime, the Applicant availed himself of legal representation through OLSA, but instead of filing his action before the said deadline, the Applicant submitted a second motion dated 10 October 2009 praying the Tribunal to grant him until 12 January 2010, that is more than three months to file his matter for reasons that did not qualify as exceptional circumstances as set in the provision of Article 8.3 of the Statute.
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