2020-UNAT-1038 | SYSTEM OF ADMINISTRATION OF JUSTICE

2020-UNAT-1038, Rixen

UNAT Held or UNDT Pronouncements

UNAT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to UNDT. UNAT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to UNAT. UNAT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. UNAT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the UN and WMO dated 20 January 2020. UNAT remanded the case to UNDT, under Article 2(10) of the UNAT Statute, as the neutral first instance process for WMO under the Agreement between the UN and WMO dated 20 January 2020.

Decision Contested or Judgment Appealed

WMO decision: The Applicant contested the decision of the Secretary-General of the WMO to maintain the implementation of the ICSC decision with respect to the Geneva post-adjustment multiplier. The matter was considered by WMO’s Joint Appeals Board (JAB).

Legal Principle(s)

A case requires proper consideration by a neutral first instance process that includes a written record and a written decision providing reasons, fact and law in order to be appealable to UNAT.

Outcome

Case remanded

Outcome Extra Text

No relief ordered; No relief ordered.

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

Rixen

Entity

WMO

Case Number(s)

2019-1326

Tribunal

UNAT

Registry Location :

New York