UNDT/2019/018 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2019/018, Diop

UNAT Held or UNDT Pronouncements

UNDT held that the principal legal issue arising for consideration in the case was whether the Applicant’s qualifications met the requirement of a recognized first level university degree as required by the job opening she was selected for. The Tribunal held that the Applicant did not meet the minimum educational requirements for positions at the P-2 level and was not eligible to be considered for a one-time amnesty for staff members under section 6 of ST/AI/2018/5. The Tribunal held that the Applicant did not demonstrate unfairness, unjustness, lack of transparency or inappropriate motive in the Respondent’s non-renewal of her appointment. The Tribunal recalled that the Administration is under an obligation to put an end to illegal situations as soon as it becomes aware of them.

Decision Contested or Judgment Appealed

The Applicant challenged the decision not to renew her appointment because she did not meet the minimum educational requirements for the position.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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

Diop

Entity

MINUSMA

Case Number(s)

UNDT/NBI/2018/089

Tribunal

UNDT

Registry Location :

Nairobi