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UNDT/2010/192

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UNDT/2010/192, Nduwayo

UNAT Held or UNDT Pronouncements

The Tribunal sought to find whether there were any exceptional circumstances warranting a waiver of the receivability requirements. In the light of the jurisprudence of the former UN Administrative Tribunal, the UNDT reaffirmed that “exceptional circumstances” are those circumstances that are outside the control of the applicant. In the present matter, the Tribunal concluded that the Applicant had totally failed to establish that he was hampered by exceptional circumstances to pursue his case with due diligence. The Tribunal found that the matter was time-barred.

Decision Contested or Judgment/Order Appealed

Applicant sought review of the decision not to renew his contract with UNDP in Burundi sixteen years after notification of the contested decision.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Nduwayo
Entity
UNDP
Case Number(s)
UNDT/NBI/2010/39/UNAT/1605
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Boolell
Language of Judgment
French
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Temporal (ratione temporis)
Applicable Law
Former Staff Rules