UNDT/2012/087

UNDT/2012/087, Omwenga

UNAT Held or UNDT Pronouncements

The Tribunal held that the Applicant had failed to request a review under former staff rule 111.2(a) and, given Jennings, the Tribunal could not waive the time limit even if it wished to. In any event the Application was well out of time, the strict rule being that an application shall not be receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision, as per article 8.4 of the Statute.

Decision Contested or Judgment/Order Appealed

The Applicant was employed by WFP in Nairobi from February 1999-August 2008. In November 2011 she filed an Application with the UNDT contesting the decision, taken in January 2001, to appoint her to a General Service level position rather than a National Officer position. The Applicant stated that she was unaware of the Tribunal until late in 2011 and as soon as she became aware of it, she applied for waiver of time limits and lodged her Application.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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Full judgment

Applicants/Appellants

Omwenga

Entity

WFP

Case Number(s)

UNDT/NBI/2011/073

Tribunal

UNDT

Registry

Nairobi