2015-UNAT-520

2015-UNAT-520, Eng

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that the UNDT’s legal conclusion that the application was timely was erroneous. UNAT held that the application was not timely and not receivable ratione temporis. UNAT held that UNDT exceeded its competence or jurisdiction in receiving the application and addressing its merits. UNAT granted the appeal and vacated the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision not to place her on a roster. UNDT found for the Appellant and awarded her compensation and moral damages.

Legal Principle(s)

UNDT has no inherent power to suspend or waive the statutory time limits for filing an application.

Outcome

Appeal granted

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

Eng

Entity

UNEP

Case Number(s)

2014-597

Tribunal

UNAT

Registry

New York

Date of Judgement

26 Feb 2015

President Judge

Judge Chapman

Language of Judgment

English

Issuance Type

Judgment

Categories/Subcategories

Jurisdiction / receivability (UNDT or first instance)

Temporal (ratione temporis)

Applicable Law

UNDT RoP

UNDT Statute

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2015-UNAT-520, Eng