AV

UNDT/2011/019, Odio-Benito

UNAT Held or UNDT Pronouncements

Noting that both the Dispute Tribunal and the Appeals Tribunal had repeatedly emphasized the need to observe time limits, the Tribunal rejected the application as time-barred, without ruling on the admissibility ratione personae of it.

Decision Contested or Judgment Appealed

On 6 December 2010, the Applicant, a former judge of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) currently serving as a judge at the International Criminal Court (“ICC”), filed with the United Nations Dispute Tribunal an application against the decision to suspend the payment of her ICTY pension as long as she would be serving with ICC. She had received the response to her request for management evaluation more than 12 months earlier, on 31 July 2009. In her submissions before the Tribunal, and although she was granted leave to file a rejoinder on the Respondent’s reply, the Applicant did not even attempt to explain the reasons for the delay.

Legal Principle(s)

N/A

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.

Applicants/ Appellants
Odio-Benito
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type