UNDT/2013/008 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/008, Obino

UNAT Held or UNDT Pronouncements

Administrative decision: The Tribunal held that while the Application appeared to be challenging a decision of the Secretary-General, the fundamental decision being contested was actually the ICSC decision to reclassify the Addis Ababa duty station. Noting that the ICSC is an independent entity, the Tribunal held that: (i) its decision cannot be imputed to the Secretary-General; (ii) it cannot extend its jurisdiction to include decisions made by the ICSC; and(iii) that the Secretary-General has not been vested with any discretionary authority with respect to the implementation of ICSC decisions. Consequently, the Tribunal concluded that Applicant is not challenging an administrative decision within the meaning of art. 2.1(a) of the Tribunal’s Statute.

Decision Contested or Judgment Appealed

The Applicant contested the Secretary-General’s decision to implement a reclassification decision made by the ICSC with respect to the Addis Ababa duty station.

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

Obino

Entity

Case Number(s)

Tribunal

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