UNDT/2018/032, Reda
The Tribunal held that the evidence before it showed that the Applicant had signed a contract with UNOPS governed by the terms and conditions of the UNOPS Individual Contractor Agreement which, among others, provided that the Applicant had a status of an independent contractor, and was not to be regarded, for any purpose, as a staff member of UNOPS or any other entity of the United Nations. Therefore, the Applicant, not being a staff member of UNOPS or any other entity of the United Nations, had no locus standi before the Tribunal. As a result, the application was struck out as being not receivable.
The Applicant contested the incorrect labeling of his duties during an investigation conducted by the Internal Audit and Investigation Group of UNOPS in Morocco.
The jurisdiction of the UNDT is limited only to persons who are staff members of the United Nations or who were former staff members as set out in art. 3.1 of the UNDT Statute.