2017-UNAT-804 | SYSTEM OF ADMINISTRATION OF JUSTICE

2017-UNAT-804, Fitsum

UNAT Held or UNDT Pronouncements

UNAT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. UNAT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to grant her a Special Post Allowance (SPA). UNDT dismissed her application, finding that the Applicant had failed to make a claim seeking retroactive payment of the SPA in a timely manner. UNDT also addressed the merits of the case, stating that the Applicant had not given evidence to show that she continued to perform all of the high-level functions required to be entitled to such payment.

Legal Principle(s)

An appellant has the burden of satisfying UNAT that the judgment he or she seeks to challenge is defective and the appellant must identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment is defective.

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

Fitsum

Entity

ECA

Case Number(s)

2017-1089

Tribunal

UNAT

Registry Location :

New York