2012-UNAT-197 | SYSTEM OF ADMINISTRATION OF JUSTICE

2012-UNAT-197, Ndjadi

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before UNDT. However, UNAT held that UNDT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the UNDT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew his service contract. UNDT rejected the application for lack of jurisdiction and ordered the Applicant to pay USD 500. 00 for abuse of proceedings. The Applicant appealed.

Legal Principle(s)

A contractual clause in a service contract, regardless of whether it includes a material error, or whether it was made knowingly, cannot bestow upon UNDT competencies that have not been provided by its Statute, another resolution of the General Assembly or similar legal instrument.

Outcome

Appeal granted in part

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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

Ndjadi

Entity

UNDP

Case Number(s)

2011-200

Tribunal

UNAT

Registry Location :

New York