UNDT/2014/048

UNDT/2014/048, Boutroue

UNAT Held or UNDT Pronouncements

The Tribunal found that it is not competent to examine decisions taken by the UNJSPF. The application was dismissed.

Decision Contested or Judgment/Order Appealed

The Applicant, a retired staff member, appealed the amount of pension communicated to him by the United Nations Joint Staff Pension Fund (UNJSPF), which was considerably lower than his entitlements contained in an unaudited estimate sent to him in 2012 by the UNJSPF.

Legal Principle(s)

Competence: Under its Statute, the Tribunal is not competent to examine decisions emanating from the UNJSPF, since such decisions are not taken by the Secretary-General who has no role in the Fund’s administration and since the UNJSPF is not one of the entities with which a special agreement has been concluded, under the terms of art. 2.5 of the Tribunal’s Statute. Summary judgment: The question of whether the Tribunal has jurisdiction over a case is a matter of law that can be decided even if it has not been raised by the parties and without the application being served to the Respondent. It has been accepted in the UN internal justice system that summary judgment is an appropriate tool to deal with issues of receivability.

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

Boutroue

Entity

Case Number(s)

Tribunal

Registry :