UNDT/2020/136

UNDT/2020/136, Chocobar

UNAT Held or UNDT Pronouncements

The application in respect of the alleged non-compliance with the second agreement is premature, and as such not receivable, because the Applicant has not followed the mandatory dispute resolution process contained in said settlement agreement concluded in July 2017. The Applicant’s multiples and generic complaints that the Organization has failed to follow its own rules and procedures, and her assertions regarding the conduct of her current and former reporting officers at UNGSC do not constitute administrative decisions under Article 2(1)(a) of the Tribunal’s Statute. The Tribunal DECIDES to dismiss the application as not receivable ratione materiae.

Decision Contested or Judgment/Order Appealed

The Applicant contests the decision not to provide her with a workplan within the deadlines established in ST/AI/2010/5 (Performance Management and Development System) and the Administration’s failure to comply with a “Strictly Confidential Organizational Agreement”.

Legal Principle(s)

The failure to provide a workplan is a preliminary step in the performance management process that does not constitute an administrative decision under Article 2(1)(a) of the Tribunal’s Statute.

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

Chocobar

Entity

UNLB

Case Number(s)

UNDT/GVA/2018/074

Tribunal

UNDT

Registry

Geneva