UNDT/2012/116 | SYSTEM OF ADMINISTRATION OF JUSTICE

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 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

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

Nwuke

Entity

UNECA

Case Number(s)

UNDT/NBI/2012/044

Tribunal

UNDT

Registry Location :

Nairobi