Personal (ratione personae)

The UNAT found that the UNRWA DT erred when it found Ms. Fakhouri’s application was receivable.

The UNAT held that despite being a staff member, the decision with which Ms. Fakhouri took issue was one which related to the terms of a potential contract not as a staff member but as an independent contractor and therefore the contested decision was not one that was appealable. The UNAT emphasized that Article 2(1)(a) of the UNRWA DT Statute makes clear that appeals can be brought against administrative decisions where such decisions relate to the staff member’s terms of appointment. But the...

The UNAT agreed with the UNDT’s conclusion on the receivability of the application but suggested that the UNDT should have applied a different methodology for determining it.

The UNAT held that the staff member did not have standing before the UNDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

The UNAT considered three appeals by the applicant.

The UNAT found that the impugned Order was an interlocutory order and was obviously beyond the competence of the UNAT.

The UNAT held that the applicant had not submitted documents to prove being a United Nations staff member and that he had no legal standing before the UNDT. The UNAT noted that there was no evidence of an offer of appointment having been issued to him for either post. Second, he failed to complete the pre-recruitment formalities for both posts. Third, he failed to confirm, within a reasonable time, his interest and...

Ms. Larriera filed an appeal.

UNAT first examined whether Ms. Larriera was entitled to file a claim under Appendix D. UNAT found that – unlike the Pension case - for the purpose of the Staff Regulations and Rules, the law of Brazil, Mr. M’s national state, was to be the law determining his marital or domestic partnership status as at the date of his death for Appendix D purposes. That status, as determined subsequently by a Brazilian court of competent jurisdiction, was that Mr. M and Ms. Larriera were, as at the date of his death (and despite his still extant French marriage to Ms. M) in...

Mr. Hassan appealed the UNDT judgment.

The UNAT held that the Appellant failed to demonstrate that the UNDT erred in finding that his application was not receivable ratione personae. UNAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...

A a holder of an UN Volunteer offer of assignment, the Applicant may not file an application before the Tribunal, as he is neither a staff member or a former staff member of the United Nations, nor a person making claims in the name of an incapacitated or deceased staff member of the United Nations.

Secondly, there is no evidence that the Applicant submitted a timely management evaluation request.

As a result, the application is not receivable ratione personae and ratione materiae.

The UNAT dismissed the appeal. The UNAT found that the UNDT erred in finding that the application was not receivable ratione personae and ratione materiae. The UNAT held that the refusal to investigate his complaint constituted an appealable administrative decision and the application was thus receivable ratione materiae. Furthermore, given that in this case the purported abuse was alleged to have been the improper rationale for the separation from service of Mr. Ross, as a former staff member, it was sufficiently connected to his employment to confer jurisdiction ratione personae. Turning...

There was no evidence on record of a management evaluation request submitted by the Applicant. Instead, the instant application was preceded only by an ME request made in October 2021, by a colleague of the Applicant, one Mr. AA. The Tribunal found that it was apparent however, that the Applicant considered the said ME request to have been made on his behalf as one of the affected members of the UNAMID national staff. The ME request was submitted more than four years after the Applicant received notification of the administrative decision being contested. The application was accordingly not...

The Tribunal finds that the Applicant does not meet the criteria which would entitle him to seek recourse within the internal justice system. From the documents before the Tribunal follows that the Applicant is not a United Nations staff member. The Applicant’s submissions do not establish that an offer of employment had been issued and the Applicant does not provide any evidence that he is entitled to contract-based rights with a view to employment as a staff member within the Organization. The Administration did not undertake to conclude a contract for the recruitment of the Applicant as a...

At the time of the contested decision to not investigate his complaint of harassment and abuse of authority into his separation from service and alleged blacklisting, the Applicant had been separated from service for more than four and a half years and was no longer a staff member in the strict sense. Therefore, for the application to be receivable, the contested decision must have a bearing on the Applicant’s status as a former staff member in the sense that it affects his previous contractual rights. In determining whether the contested decision affects the Applicant’s previous contractual...