UNDT/2024/037, Noble
The Tribunal found that the Applicant had not proved that he suffered any direct adverse effect on account of the contested decision. The contested decision is therefore not an administrative decision within the meaning of art. 2(1) of the Dispute Tribunal’s Statute.
The Applicant, a Senior Security Officer with the United Nations Department of Safety and Security (“UNDSS”), filed an application contesting the decision of the Captain, Central Scheduling Unit (“C/CSU”), UNDSS to place him on the “Priority Two” list with respect to his request to work overtime on 10 April 2023 (the “contested decision”).
For an application to be receivable, and for the Dispute Tribunal to thereby have jurisdiction under its Statute, the relevant staff member must therefore be able to (a) identify a particular and affirmative legal right in her/his employment relationship with the Organization, and (b) prove that this right has been violated by the Administration. The Tribunal’s jurisprudence is firm that “an appealable administrative decision is a decision whereby its key characteristic is the capacity to produce direct legal consequences affecting a staff member’s terms and conditions of appointment” (see the Appeals Tribunal in Larriera 2020-UNAT-1004, para. 29).