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UNAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. UNAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, UNAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

Noting that no request to waive the deadline was received, UNAT held that the appeal was not receivable for failure to appeal within the statutory deadline.

The issue for determination by UNAT was whether the relevant date for the filing of the Secretary-General’s appeal ran from the date on which the ALS received the UNDT judgment in its capacity as counsel of record for the Secretary-General before UNDT or the date on which the judgment was received by the OLA, the Secretary-General’s counsel of record before UNAT. UNAT held that in the absence of any published UNDT rule or practice direction which decreed that transmission of UNDT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the...