2021-UNAT-1123

2021-UNAT-1123, Louis Savadogo

UNAT Held or UNDT Pronouncements

The matter remanded to the Joint Appeals Board of ITLOS to be reconsidered and decided by a neutral first instance process

Decision Contested or Judgment Appealed

The ITLOS Registrar decided to accept the recommendation of the JAB that ITLOS’ decision to terminate the recruitment process and to readvertise the post was lawful, and that there was no violation of due process.

Legal Principle(s)

The process in which the JAB of ITLOS issues a recommendation and the ITLOS Registrar takes the decision cannot be accepted as a “neutral first instance process that includes a written record and a written decision providing reasons, fact and law”, which is an essential requirement to establish the competence of the Appeals Tribunal.

Outcome

Case remanded

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

Louis Savadogo

Entity

ITLOS

Case Number(s)

2020-1441

Tribunal

UNAT

Registry Location :

New York