UNDT/2021/110

UNDT/2021/110, Larriera

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant had not established that she fit in any of the three categories enunciated in the Statute. She could not sue as a staff member because she was not, and she could not sue as a former staff member because the claim had no relation to her contractual status. The Tribunal having found that the Applicant was not the decedent’s widow, she was not entitled to the benefits in any capacity. The Applicant had no standing ratione personae.

Decision Contested or Judgment Appealed

The Applicant challenged the decision to reject 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 on 19 August 2003.

Legal Principle(s)

The UNDT’s jurisdiction ratione personae is limited to three categories of applicants. The General Assembly has in turn emphasized that the Tribunals shall not have powers beyond those statutorily conferred on them by their respective Statutes. A former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose, partly arose, or flowed from his or her employment. There must be a sufficient nexus between the former employment and the impugned action.

Outcome

Dismissed as not receivable

Outcome Extra Text

Not Applicable

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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/2020/26

Tribunal

UNDT

Registry Location :

Nairobi