2015-UNAT-565, Saffir
UNAT considered an appeal by the Secretary-General. UNAT allowed the appeal on the grounds that UNDT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. UNAT held that it disagreed with UNDT on the matter of receivability and that there was no administrative decision capable of being appealed before UNDT. UNAT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of the 19 positions considered necessary for a restructuring exercise. UNAT held that, in the absence of any direct impact or negative consequences for Mr Saffir or his terms of appointment, it was not appealable by him. UNAT held that, as the Administration had rescinded the impugned decision, this rendered the claim before UNDT moot. UNAT held that it was legally impermissible for UNDT to rule on the merits of the matter and award compensation since, firstly, UNDT lacked jurisdiction and secondly, even if it were an administrative decision, UNDT had determined that the receivability issue would be addressed as a preliminary matter without going into the merits. UNAT allowed the appeal and vacated the UNDT judgment.
Mr Saffir contested the decision to initiate the recruitment of 19 candidates for the future operation of the Publishing Section without the prior approval and authorisation of the General Assembly. UNDT issued an Order granting a motion for leave to have receivability considered as a preliminary issue. UNDT subsequently found in favour of Mr Saffir and awarded compensation for the anxiety and stress he suffered.
A reviewable administrative decision is one that has a direct impact and negative consequences on a staff member affecting his or her terms of appointment or contract of employment.