UNDT/2020/047, Fraenkel
The evidence shows that the Applicant was never separated from the Organization. The Applicant’s request to be placed on a post at the D-1 level post is therefore moot. The outcome of the complaint of harassment was not included in the management evaluation request as such complaint was, at the time, still under investigation. The Tribunal has no jurisdiction to review that administrative decision because it was not reviewed by the management evaluation unit under art.8.1(c) of the Tribunal’s Statute. Related
The decision to abolish the Applicant’s post.
The key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms and conditions of appointment. The Administration has power to restructure its departments. This discretion extends to the abolition of posts and the Tribunal may not interfere with a genuine organizational restructuring even though it may have resulted in the loss of employment of staff. An applicant cannot challenge the discretionary authority of the Administration to restructure the Organization or to abolish his or her post. The Applicant, however, may challenge an administrative decision resulting from the restructuring once that decision has been made.