TEST -Rename- Benefits and entitlements-45
Compensation for injury, illness or death attributable to service (Appendix D to Staff Rules)
Jurisdiction / receivability (UNDT or first instance)
Temporal (ratione temporis)
UNAT held that UNDT erred in unilaterally establishing new starting points for the time to run for the purpose of filing claims with the ABCC that were contrary to the express text of Article 12 of Appendix D to the Staff Rules. UNAT held that this was a case where the staff member failed to appreciate the filing deadlines. UNAT held that ignorance of the law was no excuse for missing deadlines. UNAT held that it was open to the ABCC to find that the Appellant’s explanation for her delay did not constitute exceptional circumstances justifying the waiving of the four-month time limit prescribed...