UNDT/2016/121

UNDT/2016/121, Rehman

UNAT Held or UNDT Pronouncements

The UNDT found that as there is no sufficient nexus between her non-selection to the advertised post and the terms of her previous appointment, the application is rejected as irreceivable ratione personae. Sufficient nexus (receivability ratione personae): A former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose, partly arose, or flowed from his or her employment. There must be a sufficient nexus between the former employment and the impugned decision. In the absence of any provisions giving rights to former staff members with respect to applications for posts issued after their separation they have no legal standing with respect to their non-selection to such post.

Decision Contested or Judgment/Order Appealed

The Applicant contested her non-selection for a post advertised after her separation from service following the end of her fixed-term contract.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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Full Judgment

Applicants/Appellants

Rehman

Entity

Case Number(s)

Tribunal

Registry :