2021-UNAT-1112 | SYSTEM OF ADMINISTRATION OF JUSTICE

2021-UNAT-1112, Doedens et al

UNAT Held or UNDT Pronouncements

The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the ICSC decision remained not reviewable for lack of jurisdiction to review General Assembly actions. The Secretary-General’s implementation of the salary scale adjustment was lawful. UNAT dismissed the appeals and upheld the UNDT judgments.

Decision Contested or Judgment Appealed

UNDT/2020/148; The impugned judgments of the UNDT noted above were identical in substance. The Applicants challenged the implementation of a salary scale adjustment decided by the ICSC and implemented by the Secretary-General.

Legal Principle(s)

The decisions of the ICSC are not reviewable by the UNDT/UNAT as per the UNAT Statute, and General Assembly resolutions. The mechanical power of the Secretary-General in implementing ICSC decisions is reviewable on limited grounds for legality.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

Appeals dismissed

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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

Doedens et al

Entity

ICSC

Case Number(s)

2020-1476

Tribunal

UNAT

Registry Location :

New York