UNDT/2020/203

UNDT/2020/203, Brierley

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Full judgment

UNAT Held or UNDT Pronouncements

Since the Applicant remains on special leave with full pay pending management evaluation at the time of the judgment, the termination decision remains suspended and has not yielded effects on the Applicant’s terms of appointment. The application is therefore not receivable. The action or inaction of the Administration to find an alternative post for the Applicant after he was first placed on special leave with full pay is not receivable because the Applicant did not include this ground in his request for management evaluation.

Decision Contested or Judgment/Order Appealed

Termination of Applicant’s appointment following abolition of his post.

Legal Principle(s)

Only administrative decisions that produce direct legal effects on the applicant’s terms of appointment are capable of judicial review.

Outcome

Dismissed as not receivable

Outcome Extra Text

Application not receivable ratione materiae

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

Applicants/Appellants
Brierley
Entity
UNS
Case Number(s)
UNDT/NY/2019/099
Tribunal
UNDT
Registry
New York
Date of Judgement
Duty Judge
Judge Adda
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Termination (of appointment)
Abolition of position
Applicable Law
UNDT Statute
UNAT Statute