UNDT/2012/157

UNDT/2012/157, Wand

UNAT Held or UNDT Pronouncements

Administration’s withdrawal of unlawful individual administrative decisions which created rights: Staff rule 11.2 not only permits but actually requires the Administration to revoke an administrative decision that it considers unlawful. However, the power to revoke decisions conferring rights should necessarily be exercised within the relevant time frame to respond to a request for management evaluation. Irreparable damage: Where the injury alleged is only hypothetical, it may not be regarded as “irreparable” within the meaning of article 2.2 of the Statute in the context of an application for suspension of action.

Decision Contested or Judgment/Order Appealed

On 15 June 2012, the High Commissioner appointed the Applicant to a determined post. Shortly thereafter, an unsuccessful candidate requested management evaluation of the appointment decision, and the Deputy High Commissioner eventually decided to revoke this decision on 11 October 2012. The Applicant filed an application for suspension of action, pending management evaluation, on the decision of 11 October 2012. The UNDT found that the Deputy High Commissioner had until 17 September 2012 at the latest to revoke the decision of 15 June 2012 if he considered that it was illegal. Consequently, his decision of 11 October 2012 appeared prima facie unlawful for failure to respect the relevant time limit to revoke the decision of 15 June 2012. However, the UNDT further found that the Applicant’s alleged injury was only hypothetical and that, therefore, the application did not meet the requirement of irreparable damage. It accordingly rejected the application for suspension of action.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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Full Judgment

Applicants/Appellants

Wand

Entity

Case Number(s)

Tribunal

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