UNDT/2013/148

UNDT/2013/148, Shrivastava

UNAT Held or UNDT Pronouncements

The Respondent objected to the receivability of the application. The UNDT found the case receivable and directed the parties to attempt informal resolution of the matter.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of UNICEF, contested her reassignment to a new post and the “limitation of contract extension to seven months following reassignment of post, constituting constructive dismissal”.

Legal Principle(s)

Receivability: An application filed by a former staff member claiming that the contested administrative decision was in breach of her legal rights is receivable under art. 2.1(a) of the UNDT Statute. Whether the claims are substantiated is a matter for determination on the merits.

Outcome

Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Shrivastava
Entity
Case Number(s)
Tribunal
Registry
Date of Judgement
Language of Judgment
Issuance Type
Applicable Law