UNAT agreed with the UNDT finding that it lacked jurisdiction in respect of the staff member’s application to review the determination of the Second Alternate Chair. UNAT noted that the subject matter jurisdiction of UNDT is limited to the review of administrative decisions. The determinations of the Second Alternate Chair do not constitute administrative decisions, and as such, any application to review them before the UNDT is not receivable. UNAT highlighted that ST/SGB/2017/2/Rev.1 confers on the Ethics Office only the power to recommend, advise and refer, and Section 10.3 of ST/SGB/2017/2/...
Article 28
The Judges of the UNDT and UNAT were not appointed by the IJC whose mandate was to identify suitable candidates for recommendation to the General Assembly. The Judges were elected by the General Assembly on 2 March 2009 and that process involved the participation of nearly 190 Member States of the United Nations. This guaranteed their independence. The Applicant’s averment of lack of impartiality was based on the fact that the Judges of the UNDT and UNAT were selected by the IJC. The Applicant made general accusations of potential bias but did not give any precision on how this bias on the...
The Applicant asserts, inter alia, that she was harassed and discriminated against and that her performance evaluation process was not in accordance with the established procedures. UNDT found that the decision not to renew the Applicant’s contract was based on lawful grounds and was not vitiated by any improper considerations or procedural errors. UNDT found, however, that there was an unreasonable delay in the rebuttal process. Although this delay had no bearing on the lawfulness of the contested decision, it caused emotional distress to the Applicant, for which she shall be compensated...
Appealable administrative decision: Both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on the Tribunal’s website are matters of internal organization which do not constitute acts adversely affecting staff members’ rights.