2019-UNAT-957

2019-UNAT-957, Spinardi

UNAT Held or UNDT Pronouncements

UNAT was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the UNAT Statute. UNAT held that, even if the SAB issuance was a decision, it was only advisory or recommendatory. UNAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer’s representative and the original decision-maker. UNAT held that it was the Secretary-General of IMO, who was not neutral in the first instance process, who took the final decision. UNAT remanded the matter of the appeal to the IMO SAB under Article 2(10) of the UNAT Statute for reconsideration and decision. UNAT also noted that the Respondent must comply with its due process obligations.

Decision Contested or Judgment Appealed

The individual contested the decision of the Secretary-General of the International Maritime Organisation (IMO) not to reclassify her post, which was taken upon the recommendation of the Classification Committee and the subsequent recommendation from the Staff Appeals Board (SAB).

Legal Principle(s)

UNAT is competent to hear appeals from an international organization or other entities participating in the common system of conditions of service where a special agreement has been concluded which accepts the jurisdiction of UNAT; however, such a special agreement may only be concluded where the organization or entity utilizes a neutral first instance process that includes a written record and written decision providing reasons, fact, and law.

Outcome

Appeal granted

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.

Full Judgment

Applicants/ Appellants

Spinardi

Entity

IMO

Case Number(s)

2019-1255

Tribunal

UNAT

Registry Location :

New York