UNDT/2023/015, Hakimi
The Tribunal noted that, firstly, the Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations. Secondly, FAO has not concluded a special agreement with the Secretary-General, under art. 2.5 of the Tribunal's Statute, to accept the terms of the Tribunal's jurisdiction. Consequently, the Tribunal found that it was not competent to examine the present application.
The Applicant contests the decision to withdraw an offer of appointment as "National Project Personnel/Service contact as Regional MEAL Specialist" with FAO in Afghanistan.
Considering that the Tribunal's competence is a matter of law, which may be adjudicated without serving the application to the Respondent for a reply and even if not raised by the parties (see Gehr 2013-UNAT-313), the Tribunal deemed it appropriate, on its own initiative, to decide on this application by way of a summary judgment in accordance with art. 9 of its Rules of Procedure.
Entity - Food and Agriculture Organization of the United Nations ("FAO")