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UNDT/2020/197

UNDT/2020/197, Postica

UNAT Held or UNDT Pronouncements

The Administration’s decision to redeploy the Applicant to Nairobi was subject to the condition that he be medically cleared. This condition has not been met to date, and consequently, the decision has not been implemented. Therefore, none of the challenged administrative decisions have yielded any direct legal consequences in the Applicant’s terms of appointment, which remain unchanged. The applications are therefore non-receivable ratione materiae. The Applicant appealed this administrative decision before the Tribunal before MEU’s deadline to respond to his request for management evaluation had elapsed. Therefore, his appeal was premature. With respect to the Applicant’s contentions regarding the nature of the work currently assigned to him in OIOS, the Tribunal notes that this is entirely outside the scope of the applications currently under review.

Decision Contested or Judgment/Order Appealed

The decision to redeploy the Applicant’s post.

Legal Principle(s)

An administrative decision is only capable of judicial review when it produces direct legal consequences in the applicant’s terms of appointment.

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.

Applicants/Appellants
Postica
Entity
Tribunal
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Date of Judgement
Judge(s)
Language of Judgment
Issuance Type