UNDT/NBI/2012/65/R1

The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

Findings of fact by the Appeals Tribunal – As a matter of general principle, it is not permissible for the Tribunal to question a finding of fact or a ruling on the law as set down by the Appeals Tribunal. Receivability – A staff member who raises a credible claim which needs to be tested ought not to be shut out at a preliminary stage. There is a difference between a claim that is clearly not receivable because it does not challenge an administrative decision within the meaning of art. 2.1 and a claim which on the face of it raises an apparently credible challenge that a decision of general...