2011-UNAT-116

2011-UNAT-116, Iskandar

UNAT Held or UNDT Pronouncements

UNAT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the UN, through UNAMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by UNAMID during the term of the Loan Agreement. UNAT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. UNAT held that, without access to the administration of justice system within the UN, the Appellant would have no right to an effective remedy from the competent tribunal in respect of administrative decisions taken by UNAMID and that this would be a denial of justice. UNAT held that UNDT erred on a question of law in finding that the Appellant did not have standing to contest the administrative decision of UNAMID before UNDT. UNAT allowed the appeal, vacated the UNDT judgment and remanded the case to UNDT for a hearing on the merits.

Decision Contested or Judgment Appealed

The Applicant contested the decisions not to treat him as a staff member while he was on loan from WFP to UNAMID and not to appoint him to a post for which he had applied. UNDT found that, under the Inter-Organisation Agreement, the Applicant had no contractual relationship with UNAMID and therefore he could only contest the decision before the Administrative Tribunal of the International Labour Organisation (ILOAT), the appropriate appeals body established by WFP, as UNDT had no jurisdiction. UNDT found that the Applicant, a staff member of WFP who services with UNAMID under a reimbursable loan agreement, did not have legal standing ratione personae to challenge the non-appointment decision. UNDT dismissed the application.

Legal Principle(s)

Left deliberately blank

Outcome

Appeal granted

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Full Judgment

Applicants/ Appellants

Iskandar

Entity

UNAMID

Case Number(s)

2010-111

Tribunal

UNAT

Registry Location :

New York