UNDT/2019/011

UNDT/2019/011, Ahmed

UNAT Held or UNDT Pronouncements

For an application to be receivable pursuant to arts. 2 and 3 of the Tribunal’s Statute, an Applicant has to contest an administrative decision alleging non-compliance with his or her contract of employment or terms of appointment.; At the time the Applicant applied for the contested post as well as at the time of the contested decision (non-selection), he was no longer a staff member. While he is a former staff member, the decision not to select him for the advertised post advertised was not linked to his (previous) contract of employment or terms of appointment with the United Nations. Consequently, the application is not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contests the decision not to select him for a P-3 vacant position at the United Nations Support Office.

Legal Principle(s)

The issue of the receivability of an application is a matter of law that may be assessed even if not raised by the parties, and even without serving the application to the Respondent for reply.

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.

Full judgment

Applicants/Appellants

Ahmed

Entity

UNOCI

Case Number(s)

UNDT/GVA/2018/73

Tribunal

UNDT

Registry

Geneva