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Receivability

 

 

ARTICLE 7

 

1.             An application shall not be receivable unless the person concerned has previously submitted the dispute to the joint appeals body provided for in the Staff Regulations and the latter has communicated its opinion to the Secretary-General, except where the Secretary-General and the applicant have agreed to submit the application directly to the Administrative Tribunal.

 

2.             In the event of the joint body's recommendations being favourable to the application submitted to it, and insofar as this is the case, an application to the Tribunal shall be receivable if the Secretary-General has:

 

(a) Rejected the recommendations;

(b) Failed to take any action within thirty days following the communication of the opinion;

(c) Failed to carry out the recommendations within thirty days following the communication of the opinion.

 

3.             In the event that the recommendations made by the joint body and accepted by the Secretary-General are unfavourable to the applicant, and insofar as this is the case, the application shall be receivable, unless the joint body unanimously considers that it is frivolous.

 

4.             An application shall not be receivable unless it is filed within ninety days reckoned from the respective dates and periods referred to in paragraph 2 above, or within ninety days reckoned from the date of the communication of the joint body's opinion containing recommendations unfavourable to the applicant. If the circumstance rendering the application receivable by the Tribunal, pursuant to paragraphs 2 and 3 above, is anterior to the date of announcement of the first session of the Tribunal, the time limit of ninety days shall begin to run from that date. Nevertheless, the said time limit on his or her behalf shall be extended to one year if the heirs of a deceased staff member or the trustee of a staff member who is not in a position to manage his or her own affairs files the application in the name of the said staff member.

 

5.             Under article 22, where an application is brought against a decision of the United Nations Joint Staff Pension Board or of the Staff Pension Committee of a member organization, the time limits prescribed in article 7 of the Statute are reckoned from the date of the communication of the contested decision to the party concerned.

 

6.             In any particular case, the Tribunal may decide to suspend the provisions regarding time limits.

 

7.             The filing of an application shall not have the effect of suspending the execution of the decision contested.

 

8.             Applications may be filed in any of the six official languages of the United Nations.

 

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