UNDT/2021/003, Cherneva

UNAT Held or UNDT Pronouncements

The Tribunal rejected the application as not receivable on two grounds: 1) Ratione personae because at the date of the filing of the present application the Applicant was not a staff member and the contested decision has no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment, and 2) Because it is premature since at the time of the filing of the application, the relevant response period for the management evaluation was still running.

Decision Contested or Judgment Appealed

The Applicant contests the decision not to select her as “山Special Rapporteur [for] [F]reedom of [O]pinion and [E]xpression in 2020”.

Legal Principle(s)

A former staff member of the Organization has access to the Dispute Tribunal only in respect of an administrative decision affecting the terms of his or her former appointment or contract.

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.

Applicants/ Appellants
Cherneva
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type