Ãå±±½ûµØ

UNDT/2011/007, Ndjadi

UNAT Held or UNDT Pronouncements

The preliminary issue at stake was whether the Tribunal had competence ratione personae to examine this application. In this regard, the Tribunal found that, under the relevant UNDP rules, persons recruited under Service Contract are not staff members. It therefore considered that it did not have competence to adjudicate this case. It also found that the facts had clearly established that the Applicant had actually amicably settled the issue of the non renewal of his contract and received USD 9593 as compensation. The Tribunal therefore considered that the Applicant, who was a party to this case, had been ill-advised to file an application before the Tribunal to challenge a decision that had been the subject matter of a lawful settlement. Outcome: The application was rejected due to a lack of competence ratione personae. Given the fact that the Applicant sought to litigate the issue of the non renewal of his contract with UNDP in the teeth of an amicable settlement regarding the same issue the Tribunal took the view that the Applicant had manifestly abused its proceedings and ordered the Applicant to pay USD500 as costs.

Decision Contested or Judgment Appealed

The applicant, a former National Expert recruited under a Service Contract with UNDP, sought to challenge the decision taken by Management not to extend his contract.

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.

Applicants/ Appellants
Ndjadi
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type