2013-UNAT-335 | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-UNAT-335, Christensen

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant failed to establish any errors warranting the reversal of the UNDT judgment concerning her entitlements. UNAT held that the UNDT correctly concluded that the claim was not receivable. UNAT recalled that UNDT has no jurisdiction to waive the deadlines for management evaluation or administrative review. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

ICAO Decision: The Applicant contested the decision not to pay her certain entitlements. UNDT found that the application was not receivable as the Applicant had failed to request administrative review. UNDT dismissed the application.

Legal Principle(s)

UNDT has no jurisdiction to waive the deadlines for management evaluation or administrative review. UNDT is competent to review its own competence or jurisdiction, which can be exercised even if the parties or the administrative authorities do not raise the issue, because it constitutes a matter of law.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Christensen

Entity

ICTR

Case Number(s)

2012-367

Tribunal

UNAT

Registry Location :

New York