The Tribunal found that the Applicant was not a staff member of the United Nations, but rather a member of UN police force (UNPOL), which was an international law enforcement entity separately administered outside the UN Secretariat. The Tribunal therefore, held that in view of the established law, articles 2.1 and 3.1 of the Statute of the Tribunal, the application was not receivable. The Tribunal was not competent to entertain it. Accordingly, the application was dismissed as non-receivable.
Article 3.1(a)
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The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal’s Statute. C
The application was not receivable because the Applicant was a former staff member of UNIDO. While the Applicant had no locus standi before UNDT, his case would have been properly filed either with ILOAT or UNAT.
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Performance management
Performance evaluation
Rebuttal
Although the proceedings of the rebuttal panel had been completed and notified to the Applicant in July 2011, he did not move the Tribunal to waive the deadlines pursuant to art. 35 of the UNDT Rules of Procedure. The Applicant was required to submit a request for management evaluation but he did not do so.
Receivability before the UNCB. As follows from art. 12 read together with art. 14(b)(ii) of ST/AI/149/Rev.4, for a compensation claim for damage to be receivable before the UNCB, the relevant staff member is required (“shall”) to take the following mandatory and cumulative actions, setting forth in detail all relevant circumstances to UNCB: (a) to notify the United Nations authorities and the local police about the incident as soon as possible; (b) to submit all pertinent evidence; (c) in case the staff member holds valid personal insurance at the date of the incident, to take all the...
Compensation
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Receivability ratione materiae: The application is receivable ratione materiae if the applicant is contesting “an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment” (art. 2.1 of the Statute) and if the applicant previously submitted the contested administrative decision for management evaluation, where required (art. 8.1(c) of the Statute).
The Tribunal is of the view that in light of the oral evidence presented to the factfinding panel by the FRO and SRO, instead of them following the recommendations of the second rebuttal panel to initiate and provide real support to the Applicant at every stage of the process, they continued their negative behavior towards the Applicant and they did not temporarily rotate/assign him to another position in a different Unit for the following six months (up to one year starting from 19 March 2014), and to allow for the continuation of his third probationary year. The Tribunal concludes that the...
The Tribunal observed that the Applicant was a staff member of UNRWA and contested a decision purportedly taken by that agency. The Tribunal further recalled that UNRWA does not fall under the jurisdiction of UNDT. Accordingly, the Applicant had no locus standi before the Tribunal. The Application was thus dismissed as non-receivable.