2021-UNAT-1169 | SYSTEM OF ADMINISTRATION OF JUSTICE

2021-UNAT-1169, Oldrich Andrysek

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by Mr. Andrysek. UNAT dismissed the appeal and affirmed the UNDT Judgment.

Decision Contested or Judgment Appealed

Before the UNDT, Mr. Oldrich Andrysek, a staff member in between assignments (SIBA) with UNHCR contested the decision to place him on Special Leave Without Pay (SLWOP) effective 11 June 2019. The UNDT, in Judgment No. UNDT/2020/190, dismissed the application, by majority decision with Judge Buffa dissenting.

Legal Principle(s)

The general principle of the right to work has to be interpreted in light of the applicable legal framework, particularly the specific shared responsibility of both the staff member and UNHCR to find alternative suitable and vacant posts to situations such as the present one.

Outcome

Appeal dismissed on merits

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

Oldrich Andrysek

Entity

UNHCR

Case Number(s)

2021-1504

Tribunal

UNAT

Registry Location :

New York