UNDT/2017/070/Corr.1

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UNDT/2017/070/Corr.1, Sharifpour-Hicks

UNAT Held or UNDT Pronouncements

The Tribunal decided that the application was filed out of time and was not receivable. The Tribunal found that the application which was filed on behalf of the incapacitated Applicant by her spouse, ought to have been filed within one year of 8 October 2014, that is, by 8 October 2015. It was instead filed on 23 March 2016, way out of time.

Decision Contested or Judgment/Order Appealed

The application was filed by the Applicant’s husband on her behalf contesting the decision of the Advisory Board on Compensation Claims (ABCC) to deny her compensation for loss of her capacity to earn.

Legal Principle(s)

Pursuant to art. 8.1(d)(ii) of the UNDT Statute, an application shall be receivable, in cases where a management evaluation is not required, within 90 calendar days after an applicant’s receipt of the administrative decision. However, the stated deadline shall be extended to one year if the application is filed by any person making claims in the name of an incapacitated or deceased staff member of the United Nations Secretariat or separately administered United Nations funds and programmes.

Outcome
Dismissed as not receivable
Outcome Extra Text

The application was filed out of time.

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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
Sharifpour-Hicks
Entity
UNOPS
Case Number(s)
UNDT/NBI/2016/022
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
TEST -Rename- Benefits and entitlements-45
Compensation
Jurisdiction / receivability (UNDT or first instance)
Temporal (ratione temporis)
Applicable Law
UNDT Statute