The UNDT found that the Applicant failed to establish that the alleged administrative decision he sought to contest affected his legal rights. The UNDT found that the Applicant lacked legal standing and his application was therefore deemed not receivable.
Article 3.1
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The Applicant subsequently filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
The Applicant was not qualified to address UNDT because, at the time of the disputed facts, she was neither a serving nor former staff member within the meaning of Article 3.1 of the UNDT Statute. UNDT accordingly disclaimed jurisdiction in this case and dismissed the application.
The UNDT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.
The UNDT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The UNDT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the UNDT. The UNDT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the UNDT on account of her being a former staff...
The Applicant filed a motion withdrawing his application and requesting that the case file be placed under seal. The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate. The UNDT found that, given the already confidential status of the Tribunal’s case files, the Applicant’s request to place the case record under seal need not be granted. However, the UNDT ordered that, taking into consideration the particular circumstances of this case, the Applicant’s name be redacted from the Judgment.
Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
The Tribunal is only competent to hear complaints filed by staff members, former staff members or persons makingclaims in the name of an incapacitated or deceased staff member under article 3 of the Statute. Noting that the Applicant had been working with UNON as an independent contractor, the Tribunal held that he was not a staff member of UNON and as such, he has no standing to come before the Tribunal.
The Tribunal is only competent to hear complaints filed by staff members, former staff members or persons makingclaims in the name of an incapacitated or deceased staff member under article 3 of the Statute. Noting that the Applicant’s father had the legal status of an independent contractor for the WFP Mombasa office, the Tribunal held that the Applicant’s father was not a staff member of UNDP and as such, the Applicant has no standing to come before the Tribunal.