UNDT/2020/202

UNDT/2020/202, Toson

UNAT Held or UNDT Pronouncements

The Tribunal found that the application insofar as it related to a 26 September 2019 email was not receivable ratione materiae because that decision was not final. It did not produce a direct legal impact on the Applicant’s legal status or have a legal effect on his terms of appointment or contract of employment. The applicable legal decision was a Circular dated 18 October 2019. That Circular confirmed to the Applicant that he had not been selected for any of the posts he had applied for in 2019. The Tribunal found the application irreceivable in relation to three decisions contested by the Applicant because he had not sought management evaluation on time. The application was receivable in relation to six other decisions.

Decision Contested or Judgment/Order Appealed

The Applicant was contesting the decisions not to select him for several positions during the 2019 UNHCR Rotation exercise.

Legal Principle(s)

Administrative decisions are characterized by the fact that they are taken by the Administration, they are unilateral and of individual application, and they carry direct legal consequences. For a decision to be challengeable under art. 2.1(a) of the UNDT Statute, it must be final and produce direct legal consequences to the legal order. Conversely, a decision that is final but produces no direct legal consequence on a staff member’s terms of appointment or the contract of employment is not receivable by the Tribunal. Staff rule 11.2(c) provides that a request for management evaluation is not receivable by the Secretary-General unless it is sent within 60 calendar days from the date on which the staff member receives notification of the administrative decision to be contested.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal found that some of the Applicant’s claims were receivable and some were not.

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Full Judgment

Applicants/Appellants

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