UNDT/2010/022

UNDT/2010/022, Fagundes

UNAT Held or UNDT Pronouncements

The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending UNAT cases only. They do not include the power to revise UNAT judgements. Cases closed by judgments of former UNAT are res iudicata.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application with former UNAT in 2007. On 31 July 2009, former UNAT issued a judgement rejecting her application in its entirety as time-barred. On 12 November 2009, the Applicant filed an application with UNDT, alleging that the judgement of former UNAT was based on a misstatement of facts. She considers her application as a request for revision of that judgment.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Fagundes

Entity

Case Number(s)

Tribunal

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