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UNDT/2013/089

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UNDT/2013/089, Assani

UNAT Held or UNDT Pronouncements

The UNDT examined its competence over the matter and found that it does not have jurisdiction over claims concerning individual contractors/consultants/national experts. As a result, the UNDT rejected the application by summary judgment without consideration of its merits.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application contesting the legal basis on which compensation had been paid to her following the death of her husband while on mission for UNDP.

Legal Principle(s)

Summary judgment: on the basis of art. 9 of the UNDT Rules of Procedure the Tribunal found that summary judgment was appropriate and that it was not necessary to service the application to the Respondent.Jurisdiction/Competence: The UNDT is only competent to pass judgment on applications made by a staff member or any person making claims in the name of an incapacitated or deceased staff member. Where the terms of employment expressly indicate that an applicant does not have the status of a staff member, the UNDT cannot but reject the application.

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
Assani
Entity
UNDP
Case Number(s)
UNDT/GVA/2013/28
UNDT/GVA/2013/30
Tribunal
UNDT
Registry
Geneva
Date of Judgement
Duty Judge
Judge Cousin
Language of Judgment
French
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Personal (ratione personae)
Applicable Law
UNDT RoP
UNDT Statute