2016-UNAT-709, Wilson
UNAT held that the impugned Order ceased to have any legal effect when the respective management evaluation was issued. UNAT held that the issuance of the management evaluation had rendered the Order under appeal moot. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant filed an application seeking suspension, pending management evaluation, of the selection decision for a post. On the same day, the Applicant filed a motion for production of evidence, seeking an extensive disclosure of records in relation to his claims. UNDT issued Order No. 147 (NY/2016), suspending the selection decision pending management evaluation after finding that the cumulative tests of Article 2. 2 of the UNDT Statute had been met. The Secretary-General appealed. On 30 August 2016, the Management Evaluation Unit (MEU) informed the Applicant that the contested decision had been rescinded. The Secretary-General filed a “Motion for Consideration”, requesting UNAT to consider and pronounce itself on the merits of the appeal even though the issuance of the management evaluation rendered the Order under appeal moot.
UNAT has consistently held that in the United Nations system of administration of justice, the UNAT was established to pass judgment on existing disputes, but not to give interpretations of the law where there are no disputes before it.