UNDT/2010/019, Samardzic et al
Time limits for contesting administrative decisions are well known and widespread instruments in administrative law, both in national and in international jurisdictions. Compared to the time limits in some national and international systems, the time limits in the UN justice system remain within a reasonable frame. As for exceptions, “exceptional cases” arise from exceptional personal circumstances. Relevant factors for an Applicant’s failure to act within the prescribed time limits are confined to his individual capacities. Factors like the prospects of success on the merits and the importance of the case are extraneous to the requirement to submit an application within the prescribed time limits. Whether circumstances are within or beyond the control of the Applicant should be assessed against individual standards (e.g. educational level). All relevant factors have to be taken into account (e.g. technical problems, health, etc.). The burden of proof is on the Applicant.
The Applicants held numerous fixed-term appointments with UNMIK in Belgrade. Each time their appointments were extended, they signed new letters of appointment, which included a paragraph according to which the signatory had been made acquainted with the Staff Regulations and Rules, a copy of which had been transmitted to him/her. After their appointments were terminated with effect from 10 April 2009, the Applicants did not react in writing until 21 July 2009; they formally requested a management evaluation on 18 September 2009. Their request for management evaluation was rejected as time-barred. Before the Tribunal, the Applicants contend that they were not aware of the time limits and that they never received information about them.
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