2020-UNAT-1039

2020-UNAT-1039, Lynn

UNAT Held or UNDT Pronouncements

UNAT held that the report of the JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to UNAT. UNAT held that such a case must be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. UNAT noted that the case could not be remanded to the JAB, whose functions were removed by Agreement between the �山��and the WMO, signed on 20 January 2020 and effective the same date. UNAT remanded the case to UNDT for adjudication as a result of said Agreement on the extension of the jurisdiction of UNDT and UNAT to the WMO.

Decision Contested or Judgment Appealed

WMO decision: The Applicant contested the decision of the Secretary-General of WMO to maintain the implementation of the International Civil Service Commission (ICSC) decision with respect to the Geneva post-adjustment multiplier. The matter was considered by the Joint Appeals Board (JAB) of WMO.

Legal Principle(s)

A case requires proper consideration by a neutral first instance process that includes a written record and a written decision providing reasons, fact and law in order to be appealable to UNAT.

Outcome

Case remanded

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

Lynn

Entity

WMO

Case Number(s)

2019-1325

Tribunal

UNAT

Registry Location :

New York