2014-UNAT-419, Reid
UNAT preliminarily rejected the request for an oral hearing finding no need for further clarification of the issues arising from the appeal. UNAT held that UNDT had correctly concluded that the Appellant failed to identify an administrative decision, having a direct and adverse impact on his contractual rights, capable of being reviewed. UNAT held that the Appellant was not challenging a specific administrative but had asked UNDT to overturn a policy. UNAT dismissed the appeal and affirmed the UNDT judgment.
UNDT judgment: The Applicant challenged the Organisation’s inaction in addressing his complaint of discrimination against men in the Organisation’s hiring process in general and rostering process. UNDT held that the contested decision was not an administrative decision over which UNDT had jurisdiction. UNDT dismissed the application as not receivable ratione materiae.
An Applicant must identify an administrative decision capable of being reviewed and that has a direct and adverse impact on his contractual rights.