UNDT/2021/073, Cherneva
UNDT held that the application was not receivable both ratione personae and ratione materiae because at the date of the filing of the present application, the Applicant was not a staff member and the contested decision had no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment. UNDT rejected the application in its entirety.
The Applicant contested the alleged decision to “fire” the Director of Partnerships at UNICEF.
UNDT is competent to hear and pass judgment on an application filed by, inter alia, a former staff member. However, for an application to be receivable, the former staff member shall “appeal an administrative decision that is alleged to be in non-compliance with their terms of appointment or their contract of employment.”