UNDT/2020/125

UNDT/2020/125, Basnyat

UNAT Held or UNDT Pronouncements

The challenged decision was not the termination but a mere notice that the Applicant’s permanent appointment may be terminated if he failed to secure a new position and rejected the agreed separation proposed. Accordingly, the contested administrative decision did not constitute a reviewable administrative decision in the sense of art. 2.1(a) of the Tribunal’s Statute.

Decision Contested or Judgment/Order Appealed

Termination of the Applicant’s appointment without having afforded the Applicant priority consideration for available posts.

Legal Principle(s)

An applicant must be able to define an appealable decision.

Outcome

Dismissed as not receivable

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.

Full Judgment

Applicants/Appellants

Basnyat

Entity

UNDP

Case Number(s)

UNDT/NY/2019/038

Tribunal

UNDT

Registry

New York

Date of Judgement

22 Jul 2020

Judge(s)

Judge Adda

Language of Judgment

English

French

Issuance Type

Judgment

Categories/Subcategories

Termination (of appointment)

Abolition of position

Applicable Law

UNDT Statute

UNAT Statute

Article 2.1(a)

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UNDT/2020/125, Basnyat

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