2020-UNAT-1012 | SYSTEM OF ADMINISTRATION OF JUSTICE

2020-UNAT-1012, Heftberger

UNAT Held or UNDT Pronouncements

UNAT denied the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. UNAT held, recalling the Spinardi jurisprudence (judgment No. 2019-UNAT-957), that the decision on the Appellant’s complaints was not made utilizing a neutral first instance process as required jurisdictionally by Article 2. 10 of the UNAT Statute. UNAT noted that the appealed decision was made by the ICAO Secretary-General whose own earlier decision(s) the Appellant had challenged. UNAT allowed the appeal and set aside the ICAO Secretary-General’s and/or the AJAB’s decision and remanded the case to AJAB for decision in accordance with Article 2.10 of the UNAT Statute.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to appoint her to a post. The ICAO AJAB recommended her appeal be dismissed. The ICAO Secretary-General accepted the ICAO AJAB recommendation and rejected the appeal.

Legal Principle(s)

In order to establish UNAT’s jurisdiction, an agency, Organisation or entity must utilize a neutral first instance process that includes a written record and a written decision. Neither the opinion nor a recommendation of the ICAO Advisory JointAppeals Board (AJAB) or the subsequent ICAO Secretary-General’s decision can be considered a neutral first instance process.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Heftberger

Entity

ICAO

Case Number(s)

2019-1337

Tribunal

UNAT

Registry Location :

New York