UNDT/2021/113, Hassan
The Tribunal recalled that a former staff member has access to the Dispute Tribunal only in respect of an administrative decision affecting the terms of his or her former appointment or contract. In the present case, the Tribunal found that the application was not receivable ratione personae because at the date of filing the application, the Applicant was not a staff member and the contested decision did not breach the terms of his former appointment or contract of employment.
The Applicant contested the UNHCR’s decision to not select him to the position of Resettlement Associate, at the G-6 level.
According to the jurisprudence of the Tribunal, a former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her compliant arose, partly arose or flowed from his or her employment. For a matter to be receivable, there must be a sufficient nexus between the former employment and the impugned action.