Ãå±±½ûµØ

UNDT/2022/038

UNDT/2022/038, Mahboob

UNAT Held or UNDT Pronouncements

Regarding the Applicant’s complaint of not being designated as OiC in absence of CSA, the Tribunal noted that the Applicant had received such a decision in October 2018. The Applicant had not requested management evaluation in a timely manner pursuant to art. 8.1(c) of the UNDT Statute. The Tribunal thus concluded that this decision, no matter how problematic it was, it fell outside the Tribunal’s jurisdiction ratione materiae. On the Applicant’s other complaint that he had been stripped of his functions and had been removed from several projects, the Tribunal considered the tasks performed by the Applicant during the relevant time. The tasks clearly showed that the Applicant had not been deprived of the core functions foreseen by the terms of reference for his post. The Applicant did not dispute that he had performed those tasks, his major grievance being that because he had not acted as OiC, he had had no visibility. The Tribunal held that this aspect was neither decisive for the issue nor relevant, given the non-receivability of the OiC decision. The Tribunal further held that although the duties and tasks assigned to the Applicant may have been more mundane than acting as OiC, they apparently fully took up the Applicant’s time. The Tribunal, therefore, concluded that the Applicant was fully employed on his post, qualitatively and quantitatively speaking. The Tribunal, thus, held that there was no reviewable administrative decision amounting to stripping of the Applicant’s functions. The application was rejected in all respects.

Decision Contested or Judgment Appealed

The Applicant contested what he described as an implicit decision to strip him of his functions and having been removed from several projects. At the relevant time, the Applicant was a Deputy Security Advisor (“DSAâ€), working with the United Nations Support Mission in Libya (“UNSMILâ€). The Applicant further complained about having not been designated an Officer-in-Charge (“OiCâ€) during the absence of the Chief Security Advisor (“CSAâ€).

Legal Principle(s)

Pursuant to the settled jurisprudence of the Tribunal, to be reviewable, an administrative decision must have the key characteristic in that it must “produce direct legal consequences†affecting a staff member’s terms or conditions of appointment.

Outcome
Dismissed on merits
Outcome Extra Text

 

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
Mahboob
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type
Document Topic/Theme :