UNDT/2023/057 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/057, Bagga

UNAT Held or UNDT Pronouncements

Decisions of UNSPC fall under the jurisdiction of the United Nations Appeals Tribunal under art. 2.9 of its Statute. Accordingly, the Dispute Tribunal has no jurisdiction to undertake a judicial review of the contested decision.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the United Nations Staff Pension Committee (“UNSPC”) by which he was “award[ed] … [d]isability 4 months prior to [his] mandatory age of retirement at 65 [years] on 31 August 2023” under art. 33 of the Regulations of the United Nations Joint Staff Pension Fund.

Legal Principle(s)

The Tribunal is only competent to hear and pass judgment on applications against (a) the Secretary-General as the Chief Administrative Officer of the United Nations, or (b) another agency, organization or entity, which has concluded a special agreement with the Secretary-General of the United Nations to accept the terms of the jurisdiction of the Dispute Tribunal.

Outcome

Dismissed as not receivable

Outcome Extra Text

Under rule 9 of its Rules of Procedure, the Tribunal has determined, on its own initiative, that summary judgment is appropriate in this case.

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

Bagga

Entity

DPA

Case Number(s)

UNDT/NY/2023/014

Tribunal

UNDT

Registry Location :

New York