Article 105

  • Article 1.3
  • Article 1.4
  • Article 100
  • Article 100.1
  • Article 101
  • Article 101.1
  • Article 101.2
  • Article 101.3
  • Article 103
  • Article 105
  • Article 105.2
  • Article 17
  • Article 2.7
  • Article 55
  • Article 57
  • Article 63
  • Article 76
  • Article 8
  • Article 92
  • Article 97
  • Article 98
  • Chapter VII
  • Chapter XV
  • Charter of the United Nations, Article 101
  • Preamble
    • Showing 1 - 6 of 6
    2018-UNAT-843, Kozul-Wright

    UNAT held that, when responding to requests for the waiver of an official’s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. UNAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation’s...

    UNDT/2017/099, Mirella, Ben Said, Santini, Keating

    Receivability Contested decisions Considering the Applicants’ submissions as a whole, the contested decisions are to be identified as Secretary-General’s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants’ salaries into a separate allowance. The Applicants do not challenge the General Assembly’s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization’s duty to provide access...

    UNDT/2017/098, Quijano-Evans, Dedeyne-Amann

    Receivability Contested decisions Considering the Applicants’ submissions as a whole, the contested decisions are to be identified as Secretary-General’s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants’ salaries into a separate allowance. The Applicants do not challenge the General Assembly’s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization’s duty to provide access...

    UNDT/2017/097, Lloret Alcaniz, Zhao, Xie, Kutner, And Krings

    Receivability Contested decisions Considering the Applicants’ submissions as a whole, the contested decisions are to be identified as Secretary-General’s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants’ salaries into a separate allowance. The Applicants do not challenge the General Assembly’s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization’s duty to provide access...

    UNDT/2017/076, Kozul-Wright

    Receivability Immunities have been incorporated into the terms of appointment of United Nations staff members—including at the highest level of the Organization’s legal order and ever since its inception—thereby becoming part and parcel of their status and conditions of service. Furthermore, a decision to waive the immunity of a given staff member has evident—potentially dramatic—effects on his or her legal situation. Thus, the contested decision meets all the features of the definition of an administrative decision adopted by the Appeals Tribunal. Accordingly, the Tribunal found the...

    UNDT/2021/164, Applicant

    Public interest, transparency, scrutiny and accountability are not impaired by the removal of the Applicant’s name from the public domain. Consequently, and taking into consideration the sensitive nature of the facts, which involve alleged “sexual exploitation of a vulnerable person”, the Tribunal grants the Applicant’s request for anonymity. The decision not to renew the Applicant’s fixed-term appointment, communicated to him on 23 September 2019, is not grounded on disciplinary considerations, which were the subject of the instant case, and constitutes an autonomous administrative decision...