UNDT/2021/073 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2021/073, Cherneva

UNAT Held or UNDT Pronouncements

UNDT held that the application was not receivable both ratione personae and ratione materiae because at the date of the filing of the present application, the Applicant was not a staff member and the contested decision had no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment. UNDT rejected the application in its entirety.

Decision Contested or Judgment Appealed

The Applicant contested the alleged decision to “fire” the Director of Partnerships at UNICEF.

Legal Principle(s)

UNDT is competent to hear and pass judgment on an application filed by, inter alia, a former staff member. However, for an application to be receivable, the former staff member shall “appeal an administrative decision that is alleged to be in non-compliance with their terms of appointment or their contract of employment.”

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Cherneva

Entity

UNICEF

Case Number(s)

UNDT/GVA/2021/019

Tribunal

UNDT

Registry Location :

Geneva