Neutral first instance process

The UNAT noted that in this case, the JAB made not a decision, but rather a recommendation to the Registrar of the ITLOS, who in turn, purported to make the decision about Mr. Savadogo’s appeal. The UNAT recognized that the ITLOS changed and consolidated the relevant Staff Regulations and Rules so that the JAB now makes decisions (from which appeals may be brought to the UNAT) rather than, as occurred in this case, recommendations to the Registrar of the ITLOS, which the Registrar may or may not accept. However, this amendment came too late for the parties in this case. Thus, the original...

The UNAT held that the ICAO Appeals Board implemented internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the Appeals Board no longer provided only advice or mere recommendations to the ICAO Secretary General, but rather final decisions and, therefore, was a neutral first instance process. It further found that while it might have been open to ICAO to consider using the UNDT for resolution of staff member disputes, it was free not to do so and cannot be criticised for doing as it did. It concluded that the Appeals Board’s...

UNAT remanded the case to the SAB, directing that the appeal be reconsidered by a neutral first instance process that issues a final decision. Citing Dispert & Hoe, Spinardi, Sheffer, Fogarty, and Fogarty et al., the Tribunal explained that the SAB must satisfy the requirement under Article 2 (10) of the UNAT Statute, which requires that the first instance process produce a final decision on the appeal and not a recommendation to the Secretary-General, as was the case under the then IMO Staff Regulations and Staff Rules (SRSR). The Tribunal also called into question whether the IMO Secretary...

UNAT held that the UN-ISA Special Agreement and the resulting ISA Staff Rules do not comply with the UNAT Statute and, consequently, UNAT is unable to exercise its jurisdiction as a second-level tribunal. The jurisdictional power of UNAT, ratione personae, and ratione materiae cannot be established or extended unilaterally by the litigating parties through a procedural contract, expressly or tacitly agreed.