UNDT/NBI/2009/018

The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1(a) of the Statute of the United Nations Dispute Tribunal. Given the nature of the decisions taken by the administration, there cannot be a precise and limited definition of such a decision. What is or is not an administrative decision must be decided on a case by case basis and taking into account the specific context of the surrounding circumstances when such decisions were taken. This is an administrative decision related to the applicant’s contract of employment and is therefore receivable.

While the Respondent submits that the recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages, the Tribunal does not consider this list to be exhaustive. The Tribunal cannot conclude that if proper procedures had been followed, the Applicant would have been selected for the subject post. Nonetheless, it considers that the Applicant’s prospect for selection was very high due to the fact that he was the only candidate deemed suitable for the post by the Advisory Selection Panel. Thus, the contested decision impacts substantially on the Applicant’s...