UNDT/NBI/2009/029
The Judges of the UNDT and UNAT were not appointed by the IJC whose mandate was to identify suitable candidates for recommendation to the General Assembly. The Judges were elected by the General Assembly on 2 March 2009 and that process involved the participation of nearly 190 Member States of the United Nations. This guaranteed their independence. The Applicant鈥檚 averment of lack of impartiality was based on the fact that the Judges of the UNDT and UNAT were selected by the IJC. The Applicant made general accusations of potential bias but did not give any precision on how this bias on the...
The members of the IJC were informed that the Applicant鈥檚 cases had been transferred to the UNDT from the Joint Appeals Board and that they may have had an interest to join in as parties in the case, pursuant to Article 11 of the Rules of Procedure. The information communicated to the members of the IJC could not be construed as amounting to any impropriety, less still a conflict of interest, within the meaning of Article 27 of the Rules of Procedure. The application was rejected because it was merely a repetition of the application dismissed by Judgment No. UNDT/2009/005.