̽»¨¾«Ñ¡

UNDT/2019/167, Awwad

UNAT Held or UNDT Pronouncements

As MSD is a technical body, the Applicant was required under staff rule 11.2(b) to submit his application against the ABCC’s decision directly to the UNDT without first having recourse to MEU for review.; On the basis of the Applicant’s own admission that no decision has been made in relation to his claim for the injuries to his legs and considering the relevant statutory provisions and jurisprudence, the claim against the SecretaryGeneral under this head must be dismissed on the ground that it is premature.

Decision Contested or Judgment Appealed

The core functions of MSD are to advise on, inter alia, medico-administrative matters, including medical aspects of the provision of medical advice to the ABCC. Professional staff members in MSD with medical qualifications are responsible for providing; medical advice on claims under Appendix D. As such, MSD acts as a technical body in providing medical advice on claims under Appendix D.

Legal Principle(s)

The core functions of MSD are to advise on, inter alia, medico-administrative matters, including medical aspects of the provision of medical advice to the ABCC.; The core functions of MSD are to advise on, inter alia, medico-administrative matters, including medical aspects of the provision of medical advice to the ABCC. Professional staff members in MSD with medical qualifications are responsible for providing medical advice on claims under Appendix D. As such, MSD acts as a technical body in providing medical advice on claims under Appendix D.; Time limits are meant to be adhered to strictly unless the rules provide for exceptions.; The Tribunal’s competence is restricted to making a determination on an application that has been properly and regularly brought before it.; The key element in the UNDT’s jurisdiction is that there must be an administrative decision to appeal against. In the absence of an administrative decision no appeal can lie to the UNDT.

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
Awwad
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type