2010-UNAT-049

2010-UNAT-049, Planas

UNAT Held or UNDT Pronouncements

UNAT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. UNAT held that UNDT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. UNAT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the alleged non-application of paragraph 48(a) of the UNHCR Procedural Guidelines for Appointments, Postings and Promotions (Procedural Guidelines), which establishes the rotation eligibility requirements for appointments, postings and promotions in duty stations grouped into three categories, H/A, B/C and D/E. UNDT dismissed the application in a summary judgment, holding that the Applicant had not contested any administrative decision.

Legal Principle(s)

The appeal is not the appropriate occasion to reply to the dispute in the first instance or to introduce new elements for consideration that were not put forward at the UNDT level.

Outcome

Appeal dismissed on merits

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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

Planas

Entity

UNHCR

Case Number(s)

2010-052

Tribunal

UNAT

Registry Location :

New York