UNDT/2022/120

UNDT/2022/120, Blythe

UNAT Held or UNDT Pronouncements

The application is partly non-receivable and, is rejected on the merits. The Applicant’s objection to General Assembly’s decision to restructure the D-1 level position and to submit the selection of the Secretary of the Board to a competitive process by the Succession Planning Committee is not reviewable by the Tribunal. The Tribunal found that the Applicant was afforded full and fair consideration and the non-selection decision was lawful. The Tribunal found that the USG/DMSPC lawfully assigned the Applicant to a suitable position in the Secretariat in order to retain his employment at the D-1 level position.

Decision Contested or Judgment Appealed

The Applicant, a staff member in the Department of Management, Strategy, Policy and Compliance (“DMSPC”), appealed (a) the rejection of his candidature for the post of Secretary of the Board of the United Nations Joint Staff Fund (“the Pension Fund”), and (b) his subsequent reassignment to a temporary post in DMSPC.

Legal Principle(s)

Decisions of the General Assembly do not constitute reviewable administrative decisions. The Appeals Tribunal has held that “[t]he General Assembly is the ultimate decision-making organ in the Organization and its decisions are not subject to challenge in the internal justice system” (see Kagizi 2017-UNAT-750).

Outcome

Appeal 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.

Full Judgment

Applicants/ Appellants

Blythe

Entity

Case Number(s)

UNDT/NY/2020/47

Tribunal

UNDT

Registry Location :

New York

Date of Judgment