UNDT/2016/023

UNDT/2016/023, Kisia

UNAT Held or UNDT Pronouncements

The Tribunal found that the application, even if it was diligently filed by the Applicant, was premature as the Applicant’s reconsideration request was still pending before the Secretary-General.

Decision Contested or Judgment Appealed

The Applicant, a former Security Officer with DSS contested the Controller’s decision, on the recommendation of ABCC, to deny his claims for damages in connection with his car colliding with a security barrier at UNHQ, New York.

Legal Principle(s)

N/AA premature application. The Tribunal considers that, in light of the binding jurisprudence of Appeals Tribunal, it cannot interfere with the Secretary-General’s discretion in the present pending matter and has no competence to legally review it before the final decision is taken by the Secretary-General. When a staff member himself /herself has initiated an administrative appeal, the Secretary-General, after following the required procedure, has the right to make a final administrative decision, based on the particular circumstances of each case, either changing entirely or in part the contested decision or upholding it based on the recommendations of the ABCC and the medical board’s report.

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

Kisia

Entity

DSS

Case Number(s)

UNDT/NY/2015/46

Tribunal

UNDT

Registry Location :

New York