UNDT/2021/111

UNDT/2021/111, Cherneva

UNAT Held or UNDT Pronouncements

Given that the Tribunal already adjudicated the Applicant’s claim, finding it not receivable ratione personae for lack of standing, the present application is not receivable. The Secretary-General’s response to a request for management evaluation is not an appealable administrative decision.

Decision Contested or Judgment Appealed

The Applicant contests her non-selection for a position of special procedure mandate holder in the Working Group of Experts on People of African Descent, member from Eastern European States, with the United Nations Human Rights Council.

Legal Principle(s)

A matter between the same persons, involving the same cause of action, may not be adjudicated twice. The principle of res judicata does not allow an applicant to bring the same complaint to the same Tribunal again. The management evaluation provides an opportunity for the Administration to resolve a staff member’s grievance without litigation, and thus its outcome does not constitute a fresh decision.

Outcome

Dismissed as not receivable

Outcome Extra Text

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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

Cherneva

Entity

UNICEF

Case Number(s)

UNDT/GVA/2021/050

Tribunal

UNDT

Registry Location :

Geneva