UNDT/2010/022

UNDT/2010/022, Fagundes

UNAT Held or UNDT Pronouncements

The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending UNAT cases only. They do not include the power to revise UNAT judgements. Cases closed by judgments of former UNAT are res iudicata.

Decision Contested or Judgment Appealed

The Applicant filed an application with former UNAT in 2007. On 31 July 2009, former UNAT issued a judgement rejecting her application in its entirety as time-barred. On 12 November 2009, the Applicant filed an application with UNDT, alleging that the judgement of former UNAT was based on a misstatement of facts. She considers her application as a request for revision of that judgment.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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

Fagundes

Entity

UNEP

Case Number(s)

UNDT/GVA/2009/090

Tribunal

UNDT

Registry Location :

Geneva