2012-UNAT-249, di Giacomo
UNAT held that UNDT did not err on the question of competence in finding that, pursuant to Articles 2. 1 and 3. 1 of the UNDT Statute, it was limited to cases brought by staff members, former staff members or persons making claims in the name of incapacitated or deceased staff members of the UN. UNAT held that the access to UNDT and UNAT was not recognised in the new internal justice system. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant contested the decision not to pursue a disciplinary case against him or the decision to restrict his access to the UN premises under security escort. UNDT dismissed the application concluding that it had no jurisdiction. The Applicant appealed and later filed a motion for removal of certain portions from the Secretary-General’s answer to his appeal and for confidentiality. The motion was granted, and the Secretary-General filed a revised answer.
While UNAT has recognised that access to the new system of administration of justice could be extended to a person who is not formally a staff member but who could legitimately be entitled to rights similar to those of a staff member, this exception must be understood in a restrictive sense.