UNDT/2012/144

UNDT/2012/144, Gehr

UNAT Held or UNDT Pronouncements

Appealable administrative decision: Both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on the Tribunal’s website are matters of internal organization which do not constitute acts adversely affecting staff members’ rights.

Decision Contested or Judgment Appealed

The Applicant challenged the decision to publish in a separate section of the Tribunal’s website the Order of the President of the Dispute Tribunal rejecting his motion for recusal. He submitted in particular that this decision contravened the agreed terms and conditions of his former employment and that it singled out his motion for recusal from other similar motions, thereby violating his right to equal treatment. The UNDT considered that the contested decision did not constitute a challengeable administrative decision as it did not constitute an act adversely affecting the Applicant’s rights. It accordingly rejected the application by summary judgment.

Legal Principle(s)

N/A

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

Gehr

Entity

UNODC

Case Number(s)

UNDT/GVA/2012/79

Tribunal

UNDT

Registry Location :

Geneva