2016-UNAT-693, Ruger
UNAT considered the appeal. UNAT found that UNDT did not err in finding that the Appellant’s case did not constitute “exceptional cases,” so as to justify a waiver of the time limit, pursuant to Article 8(3) of the UNDT Statute. UNAT also did not find any exceptional circumstances requiring it to receive additional documentary evidence, pursuant to Article 2(5) of the UNAT Statute, nor did it find that its content would have affected the decision of the case. UNAT found no reversible error in UNDT’s rejection of the Appellant’s motion for extension of time and its summary dismissal of her application as non-receivable ratione temporis. UNAT dismissed the appeal and affirmed UNDT’s judgment.
The Applicant contested the imposition of a disciplinary measure of separation from service, with compensation in lieu of notice and with termination indemnity. The Applicant also submitted a Motion for extension of time to file an application. UNDT rejected the motion for extension of time and dismissed her application as not receivable ratione temporis.
UNDT may decide in writing, upon written request by the applicant, to suspend or waive the deadlines for a limited period of time and only in exceptional cases. In exceptional cases, an applicant may submit a written request to the Dispute Tribunal seeking suspension, waiver or extension of the time limits. The degree of lateness has no relevance for the finding of exceptional circumstances. Whether a deadline is missed by several minutes, several hours or several days is irrelevant. A waiver of time can be justified under Article 8(3) of the UNDT Statute only if the applicant shows that exceptional circumstances beyond his or her control prevented him or her from acting within the statutory time limits. Additional evidence may not be accepted on appeal if it could have been presented before the UNDT.