UNDT/2010/018

UNDT/2010/018, D'Hellencourt

UNAT Held or UNDT Pronouncements

The Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2.1 (a) of the UNDT Statute. The Tribunal took the view that the decision taken by the administration to appoint an ad interim DCPM and to reallocate responsibilities and duties pursuant to that appointment was an administrative decision. Nevertheless, for the purposes of Article 2.1 (a) of the UNDT Statute, the Tribunal stated that it is not sufficient for the Applicant to merely establish that an administrative decision was taken in the overall context of the position she holds or held. The Tribunal noted that while the Secretary-General has the discretion to take decisions.

Decision Contested or Judgment Appealed

The Applicant challenged a decision transferring the responsiblities incumbent to her to another staff member.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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

D'Hellencourt

Entity

UN-Habitat

Case Number(s)

UNDT/NBI/2009/11 Judgment on the merits Agency UN-HABITAT

Tribunal

UNDT

Registry Location :

Nairobi