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UNDT/2018/052

UNDT/2018/052, Nadeau

UNAT Held or UNDT Pronouncements

Under sec. 3.2 of ST/SB/2008/5 and as a matter of good faith and fair dealing, by failing/omitting to review and consider an Applicant’s complaint and informing him of the result, the Administration rendered an appealable administrative decision in accordance with art. 2.1 of the UNDT Statute and the Appeals Tribunal’s consistent jurisprudence. The Tribunal finds that the application is receivable.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application contesting the failure of the Under-Secretary-General for Internal Oversight Services to act in accordance with ST/SGB/2008/5 (Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority) with respect to a complaint that he submitted.

Legal Principle(s)

For an application to be receivable, an applicant must identify a specific decision which had a direct and adverse impact on his/her contractual rights.

Outcome
Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Nadeau
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