UNDT/2012/096, Rathore
As consistently held by UNAT, the Dispute Tribunal has no jurisdiction to waive deadlines for management evaluation or administrative review. Time limits prescribed for administrative review (and management evaluation under the new system), which could be waived under the previous system, cannot be waived under article 8.3 of the Statute of the Dispute Tribunal, due to a specific prohibition in this respect contained in article 8.3.
The Applicant contests the decision whereby the start date of his first appointment with the United Nations Logistics Base (“UNLB”) in Brindisi was set at 7 October 2002, which resulted in a six-day break in service between this appointment and his previous appointment with UNMISET. He sought management evaluation nine years later, in November 2011, and filed an application with the Tribunal in January 2012. The Tribunal finds that the application is time-barred as it is clear from the facts of the case that the Applicant was notified in writing of the contested decision at the latest on 24 December 2002.
N/A