UNDT/2018/080, Prempeh
The Tribunal noted that the Applicant, an individual contractor, did not fall under any of the categories of potential applicants under art. 3.1 of its Statute. Noting that individual contractors are not staff members, the Tribunal found that the Applicant had no legal standing and, consequently, that the application was not receivable ratione personae.
The Applicant contested her non-inclusion in the Talent Group List for Protection Officers of the Office of the United Nations High Commissioner for Refugees (“UNHCR”) and alleged not having been fairly considered for work applications she had made to UNHCR.
The Dispute Tribunal is competent to review ex officio its own competence or jurisdiction ratione personae, ratione materiae, and ratione temporis (Pellet 2010-UNAT-073; O’Neill 2011-UNAT-182; Gehr 2013-UNAT-313; Christensen 2013-UNAT-335). The Tribunal’s competence is a matter of law, which may be adjudicated even without serving the application on the Respondent for a reply and even if not raised by the parties (Christensen 2013-UNAT-335).