UNDT/2021/100 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2021/100, Larriera

UNAT Held or UNDT Pronouncements

The Tribunal held a case management discussion on 19 August 2021 during which the parties agreed that this application had been superseded by the decision of 12 November 2019 from the ABCC denying the Applicant’s claim for benefits under Appendix D. At the time of filing the application, on 23 October 2019, the Applicant had not yet received this decision. In view of this development, the Tribunal found that the application was not receivable ratione materiae as indeed the application did not disclose a reviewable administrative decision. The Applicant did not establish that she was contesting an administrative decision within the meaning of article 2(1)(a) of the UNDT Statute.

Decision Contested or Judgment Appealed

The Applicant filed an application on 23 October 2019, revised on 11 January 2021, challenging the refusal to acknowledge her civil status and to process her claim for compensation under Appendix D to the staff rules as a surviving spouse of a staff member killed in the course of official duties.

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

Larriera

Entity

UNS

Case Number(s)

UNDT/NBI/2019/149

Tribunal

UNDT

Registry Location :

Nairobi