2010-UNAT-073

2010-UNAT-073, Pellet

UNAT Held or UNDT Pronouncements

UNAT held that it was open to UNDT to consider the preliminary issue of whether the Appellant had legal standing even to challenge the administrative decision not to advertise the vacancies. UNAT held there was no error in the UNDT’s decision that the Appellant was not entitled to contest the administrative decision since he was not an eligible candidate for any of the vacant posts. UNAT held that the Appellant had no stake in the administrative decision as his rights and terms were not affected by the fact that the posts were not advertised. UNAT held that the appeal failed on the ground that the Appellant had no standing to challenge the administrative decision. UNAT held that no error in fact or law was made. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant sought to challenge the lack of advertisement of certain vacant posts, which he argued denied him the opportunity to apply for them. UNDT dismissed the application as non-receivable for lack of legal standing.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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

Pellet

Entity

Case Number(s)

Tribunal

Registry :