UNDT/2015/001, Longone
UNAT Held or UNDT Pronouncements
The legality of this decision was ruled upon by this Tribunal and, in appeal, by the Appeals Tribunal; it is thus res judicata. Supposedly, the Applicant sought to contest a new decision taken on the same issue in June 2014 (after the decision was remanded to the ASG/OHRM pursuant to the UNAT judgment). However, this decision was not even mentioned in the application form submitted to the Tribunal or in any of the annexes listed therein.
Decision Contested or Judgment/Order Appealed
The application unambiguously states that the contested decision is that not to convert the Applicant’s fixed-term appointment into a permanent one, notified to him on 6 October 2011.
Legal Principle(s)
Identification of the contested decision: While the Tribunal has an inherent power to individualize and define the administrative decision impugned by a party and identify what is in fact being contested, such power cannot go so far as to shift the focus of the case to a decision which is not even mentioned in the application form submitted to the Tribunal or in any of the annexes listed therein.