2020-UNAT-1039

2020-UNAT-1039, Lynn

UNAT Held or UNDT Pronouncements

UNAT held that the report of the 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 must 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 the JAB, whose functions were removed by Agreement between the UN and the WMO, signed on 20 January 2020 and effective the same date. UNAT remanded the case to UNDT for adjudication as a result of said Agreement on the extension of the jurisdiction of UNDT and UNAT to the WMO.

Decision Contested or Judgment/Order Appealed

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

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

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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

Lynn

Entity

Case Number(s)

Tribunal

Registry :