UNDT/2018/006 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2018/006, Madi

UNAT Held or UNDT Pronouncements

The Tribunal dismissed the application as not receivable. The Tribunal found that the Applicant was a staff member of UNRWA and contested a decision that was taken by that agency. UNRWA did not fall under the jurisdiction of the UNDT nor did the Applicant fulfil the requirements of arts. 2.1(a) and 3 of the Statute of the UNDT. He therefore had no locus standi to challenge a decision of UNRWA before the Tribunal.

Decision Contested or Judgment Appealed

The Applicant contested UNRWA’s decision to deny his request for early voluntary retirement.

Legal Principle(s)

a) The jurisdiction of the UNDT is limited to persons having acquired the status of staff members of the United Nations or former staff members, as set out in art. 3.1 of the UNDT Statute. b)The jurisdiction of the Tribunal is governed not only by the subject matter or nature of the litigation, which must be an administrative decision, but also on the status of the individual, that is, whether the individual is a staff member within the meaning of art. 101 of the Charter of the Organization.

Outcome

Dismissed as not receivable

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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

Madi

Entity

UNRWA

Case Number(s)

UNDT/NBI/2017/132

Tribunal

UNDT

Registry Location :

Nairobi