UNAT Held or UNDT Pronouncements
The UNDT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.
Decision Contested or Judgment/Order Appealed
The Applicant appealed the decision by the Executive Secretary, United Nations Convention to Combat Desertification (UNCCD), not to renew his appointment as Managing Director of the Global Mechanism, UNCCD, which was taken in view of the decision of the Conference of the Parties, UNCCD, to transfer the administration of the Global Mechanism, UNCCD, from IFAD – which accepts the jurisdiction of ILOAT - to UNOG.
Legal Principle(s)
Receivability ratione personae: Exceptions from the requirements of the wording of art. 3.1, as provided for in UNAT Judgments Iskandar 2011-UNAT-116 and Gabaldon 2011-UNAT-120, have to be applied in a restrictive manner; the decision of the governing body of a UN Convention to transfer the administration of an entity under that Convention from one hosting organization (IFAD) to the United Nations does not imply the automatic transfer of its staff to a new employer, the United Nations, including the issuance of new contracts under the Rules and Regulations of the United Nations.