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UNDT/2020/123

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UNDT/2020/123, Abu Al Asal

UNAT Held or UNDT Pronouncements

The Applicant had a contractual right to be recruited as the Respondent provided no reason whatsoever for not doing so after having issued an offer of appointment.

Decision Contested or Judgment/Order Appealed

The decision to withdraw the offer the Applicant received from the United NationsAfrican Union Mission in Darfur (“UNAMIDâ€) for the post of Security Officer at the FS-4 level.

Legal Principle(s)

The Appeals Tribunal has consistently held that all conditions outlined by the Administration in the offer of employment must be satisfied for an unconditional agreement to be formed, and in the lack thereof, a non-staff member’s application to the Dispute Tribunal is not receivable under art. 3 of the Statute of the Dispute Tribunal. Factual disputes are to be determined by the preponderance of evidence (see, for instance, Elobaid 2018-UNAT-822, para. 35). By preponderance of evidence is generally understood that this is “the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not†(see Merriam-Webster’s online legal dictionary).

Outcome
Dismissed on merits
Outcome Extra Text

The Applicant prevailed on receivability and liability.

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
Abu Al Asal
Entity
UNS
Case Number(s)
UNDT/NY/2019/062
Tribunal
UNDT
Registry
New York
Date of Judgement
Duty Judge
Judge Adda
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Appointment (type)
Jurisdiction / receivability (UNDT or first instance)
Personal (ratione personae)
Applicable Law
UNDT Statute