Ãå±±½ûµØ

2018-UNAT-821, Haydar

UNAT Held or UNDT Pronouncements

UNAT held that UNDT did not err in law or in fact in finding that the Appellant’s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the UNDT Statute. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the findings of the Management Evaluation Unit that addressed her two requests for management evaluation: 1) seeking the removal of her Second Reporting Officer’s and First Reporting Officer’s comments and rating from her 2015/2016 e-PAS; 2) against the Panel report of 24 August 2016 and the procedures followed by the Rebuttal Panel. UNDT dismissed the application as not receivable.

Legal Principle(s)

A statutory burden is placed upon an applicant to establish that the administrative decision in issue was in non-compliance with the terms of his or her appointment or contract of employment. Such a burden cannot be met when the applicant fails to identify an administrative decision capable of being reviewed, that is, a specific decision that has a direct and adverse impact on the applicant's contractual rights.

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
Haydar
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Language of Judgment
Issuance Type