UNDT/2016/106, Auda
The rejection of creating a “separate case” for the Applicant’s motion for interim relief in Case No. UNDT/NY/2016/028 was done pursuant to the instructions of Judge Greceanu. The contested decision was therefore made by Judge Greceanu and not the Registrar, whose role was merely to communicate this decision to the Applicant. Since the facts were clear from the application, a summary judgment on receivability could be issued under art. 9 of the Rules of Procedure. The Tribunal rejected the application as not receivable ratione materiae.
The Applicant, a former United Nations staff member with Department for General Assembly and Conference Management, filed an application in which he contested the alleged decision of the Registrar of the United Nations Dispute Tribunal in New York to “reject his application for interim relief without informing him.”
A decision in a UNDT case by a UNDT Judge cannot be appealed to UNDT and reviewed by another UNDT Judge. The present Tribunal does not have jurisdiction and is not competent to assess and determine whether the Dispute Tribunal erred or not when declining to open a separate case for the Applicant’s motion for interim measures under art. 10.2 of its Statute art. 14 of its Rules of Procedure and requesting the Applicant to instead file the said motion under the correlated substantive case.Not necessary to instruct the Respondent to file a reply.