UNDT/2012/116

UNDT/2012/116, Nwuke

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicant had made out a case for prima facie unlawfulness, but that the other two requirements for suspension of action – urgency and irreparable harm - were not fulfilled. It considered that the selection decision had already been implemented pursuant to Section 10.2 of ST/AI/2010/3 and therefore the Tribunal had no jurisdiction to provide interim injunctive relief. The Tribunal observed the irregularity whereby a non-selected candidate cannot have known that the decision has been implemented and is powerless under Article 2.2 of the Statute to suspend the action. These provisions allow a patently unlawful act to survive.

Decision Contested or Judgment/Order Appealed

The Applicant requested suspension of the implementation of a selection decision for the post of Director, D-1, Governance and Public Administration Division (GPAD), United Nations Economic Commission for Africa (ECA), Addis Ababa, Ethiopia.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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Full Judgment

Applicants/Appellants

Nwuke

Entity

Case Number(s)

Tribunal

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