UNDT/2012/113

UNDT/2012/113, El Moctar

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant was not a staff member of the United Nations, but rather a member of �山��police force (UNPOL), which was an international law enforcement entity separately administered outside the �山��Secretariat. The Tribunal therefore, held that in view of the established law, articles 2.1 and 3.1 of the Statute of the Tribunal, the application was not receivable. The Tribunal was not competent to entertain it. Accordingly, the application was dismissed as non-receivable.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the Police Commissioner of MONUSCO to impose on him the sanction of a reprimand and to place a note on his personnel file.

Legal Principle(s)

The Tribunal is competent to hear applications filed by staff members from entities that fall under its jurisdiction. Further, the Tribunal is competent to adjudicate the merits only where the receivability requirement is satisfied.

Outcome

Dismissed as not receivable

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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

El Moctar

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2011/011

Tribunal

UNDT

Registry Location :

Nairobi