2015-UNAT-588 | SYSTEM OF ADMINISTRATION OF JUSTICE

2015-UNAT-588, Awan

UNAT Held or UNDT Pronouncements

UNAT held that it could find no fault with the UNDT’s conclusion that the application was not receivable ratione materiae, which accorded with UNAT’s jurisprudence. UNAT held that, since that ground was sufficient to affirm the UNDT judgment and to dismiss the appeal, there was no need for it to determine whether the application before UNDT challenged a specific implied administrative decision on the part of UNICEF or whether the Appellant was merely making general complaints about UNICEF’s failure to protect him. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested UNICEF’s alleged failure in its obligations “to provide safety and protection to the functional immunity” of staff members. UNDT rejected the application as not receivable ratione materiae.

Legal Principle(s)

For an implied administrative decision, the date of notification is the date upon which the staff member knew or reasonably should have known of the decision he or she contests.

Outcome

Appeal dismissed on merits

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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

Awan

Entity

UNICEF

Case Number(s)

2014-685

Tribunal

UNAT

Registry Location :

New York