UNDT/2018/051

UNAT Held or UNDT Pronouncements

The Tribunal held that the application was moot. At the time the Tribunal issued the judgment, ABCC had already issued its decision and granted the Applicant��s claims. Accordingly, the Application was found not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested the inaction of the Administration in relation to his disability claims before the Advisory Board on Compensation and Claims (ABCC). He directed his challenge on ABCC��s inability to follow the rules laid out in Appendix D to protect him.

Legal Principle(s)

a) Compensation claims due to death, injury or illiness to staff are governed by the staff rules, Appendix D. b) Such claims can only be considered if they are attributable to the performance of the official duties on behalf of the United Nations. c) Compensation is solely provided to staff members and their dependants, in accordance with the terms and conditions contained in Appendix D.

Outcome

Dismissed as not receivable

Outcome Extra Text

The application was moot.

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.

Applicants/Appellants

Barber

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement