UNDT/2021/136 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2021/136, Gakira

UNAT Held or UNDT Pronouncements

The Applicant has no right to the Administration’s blanket acceptance of his account of events, nor to the imposition of sanctions against another staff member without due process. The application is therefore not receivable ratione materiae.

Decision Contested or Judgment Appealed

Legal Principle(s)

The Dispute Tribunal has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of judicial review. In doing so, the Tribunal may consider the application as a whole. Aunilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of another and produces direct legal consequences. The institution of disciplinary proceedings is the privilege of the Organization.

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

Gakira

Entity

ECA

Case Number(s)

UNDT/NY/2021/28

Tribunal

UNDT

Registry Location :

New York