2011-UNAT-152 | SYSTEM OF ADMINISTRATION OF JUSTICE

2011-UNAT-152, Ishak

UNAT Held or UNDT Pronouncements

UNAT held that UNDT correctly held that the Appellant’s case was not receivable. UNAT held that a selection process involved a series of steps or findings which led to the administrative decision, and that these steps may only be challenged in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the UNDT. UNAT held that the UNDT’s decision to order the Appellant to pay the sum of CHF 2,000, was justified because he filed a frivolous application and made all kinds of baseless charges against the fairness of the UNDT. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested certain actions of the Administration which he alleged denied him fair consideration for a promotion which he, in actual fact, received. UNDT dismissed the application as irreceivable and ordered the Applicant to pay CHF 2,000 for his manifest abuse of the proceedings.

Legal Principle(s)

A selection process involves a series of steps or findings which lead to the administrative decision; these steps may be challenged only in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to UNDT.

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

Ishak

Entity

UNHCR

Case Number(s)

2010-152

Tribunal

UNAT

Registry Location :

New York