Ãå±±½ûµØ

UNDT/2011/187, Applicant

UNAT Held or UNDT Pronouncements

Having considered that the application on the merits is irreceivable because the relevant response period for the management evaluation has not expired, the Tribunal rejects the application for suspension of action insofar as it is submitted pursuant to article 14 of the Rules of Procedure. It however considers that the contested decision appears prima facie unlawful, that its implementation would cause irreparable damage and that the case is of particular urgency, and it consequently orders that the contested decision be suspended during the pendency of the management evaluation, pursuant to article 13. Receivability/cumulative effect of organizational measures: Even though each individual decision taken by the Chief of OSLA can be considered as an organizational measure which, as such, may not be contested before the Tribunal, taken together these decisions had the object and effect of removing all of the Applicant’s responsibilities, thus constituting an appealable administrative decision. Prima facie unlawfulness / breach of the right to be given work: A supervisor may not remove most of a staff member’s responsibilities without relying on a legal basis to do so. Urgency: The requirement of particular urgency is satisfied where a staff member receives a salary without being assigned any work, except in the cases specifically provided for by the relevant rules and regulations, as this situation seriously damages the image of the unit and the interest of the service as well as that of the staff member concerned.

Decision Contested or Judgment Appealed

The Applicant filed an application for suspension of action pertaining to the decision to remove her from her duties as counsel.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part

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
Applicant
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type