UNDT/2013/141, Bofill
The Tribunal did not find any exceptional circumstances, and found that the application was not receivable, ratione temporis.
The Applicant challenged her non-promotion to the D-1 level during the 2010 and 2011 Annual Promotions Sessions and the lack of answer of the UNHCR Administration to her request for management evaluation of these decisions; however the Applicant clearly filed her application with the UNDT after the applicable time limits had elapsed. The Applicant alleged the existence of exceptional circumstances that would warrant a waiver or extension of the applicable time limits in her case.
Summary judgment is appropriate in case the Tribunal finds an application not receivable, ratione temporis, an issue that may be assessed as a matter of law even without serving the application to the Respondent and even if not raised by the parties. Ratione temporis: Time limits are to be strictly enforced; a delay can generally be excused only because of circumstances beyond an applicant’s control. Management evaluation: Pursuant to the provisions on the management evaluation process, the Administration’s obligation to reply within certain time limits does not correspond to an individual right to a response to a request for management evaluation; the only effect of a lack of response is a direct access to the Tribunal by submitting an application within the statutory timeframe.