Ãå±±½ûµØ

2013-UNAT-365, Gehr

UNAT Held or UNDT Pronouncements

UNAT held that UNDT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. UNAT held that UNDT, in reaching its decision, correctly assessed the publication of the President’s Order against the definition of an administrative decision and was correct in finding that 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 a website were matters of internal organisation which did not constitute acts adversely affective staff member’s rights and, as such, did not constitute a challengeable administrative decision. UNAT held that the Appellant had not demonstrated that UNDT made any error of law or fact in rejecting his application. UNAT held that UNDT correctly determined that the criterion for summary judgment was met. UNAT held that the Appellant had not established any legal or factual basis for his submission that the principle of audi alteram partem had been disregarded by UNDT. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

UNDT Order: In Order No. 1 (PRES/2012), the President of UNDT rejected Mr Gehr’s motion for recusal. Mr Gehr challenged the decision to publish the Order on a separate section of the UNDT website, seeking its removal or its publication in the same way as other decisions relating to recusal were done. UNDT rejected the application.

Legal Principle(s)

In general, matters of internal organisation, such as the publication of orders on the UNDT website, do not constitute appealable administrative decisions.

Outcome
Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/ Appellants
Gehr
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Language of Judgment
Issuance Type