2021-UNAT-1089

2021-UNAT-1089, Van Khanh Nguyen

UNAT Held or UNDT Pronouncements

UNAT held that the UN-ISA Special Agreement and the resulting ISA Staff Rules do not comply with the UNAT Statute and, consequently, UNAT is unable to exercise its jurisdiction as a second-level tribunal. The jurisdictional power of UNAT, ratione personae, and ratione materiae cannot be established or extended unilaterally by the litigating parties through a procedural contract, expressly or tacitly agreed.

Decision Contested or Judgment Appealed

The decision to reject Ms Nguyen’s claim for her separation entitlements as a result of her shortened secondment from UNOPS to ISA.

Legal Principle(s)

The JAB of ISA provides recommendations to the Secretary-General of ISA; it does not decide on an appeal. It is therefore not a neutral first instance process within the meaning of Article 2.10 of the UNAT Statute.

Outcome

Case remanded

Outcome Extra Text

To ensure compliance with the jurisdictional requirements of the UN-ISA Special; Agreement and Article 2.10 of the UNAT Statute, UNAT remands the matter to the JAB for reconsideration and decision by a neutral first instance process that produces a written decision and record that includes a statement of the relevant facts and law, with written reasons and analysis.

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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

Van Khanh Nguyen

Entity

ISA

Case Number(s)

2020-1408

Tribunal

UNAT

Registry Location :

New York