91鶹

UNDT/2014/125, Selim

UNAT Held or UNDT Pronouncements

The Application was found to be not receivable on grounds that the Applicant was not specific as to the administrative decision he was challenging and did not seek management evaluation of any decision. The Tribunal has jurisdiction to determine whether an administrative action was properly taken. This presupposes that a staff member who is challenging an administrative decision clearly identifies the decision he is seeking to challenge. The applicant must also comply with the sine qua non requirement of requesting management evaluation of the impugned decision within the stipulated timelines. The Tribunal is also “competent to review its own competence or jurisdiction in accordance with Article 2(6) of its Statute”. Where a staff member is not satisfied with the determination made by the Secretary-General, that staff member may within a period of thirty days submit a request for reconsideration pursuant to art.17 of Appendix D to the Staff Rules. The decision of the Secretary-General pursuant to an art.17 request would be open to judicial scrutiny.The court’s scrutiny is however limited to determining whether all the procedural requirements relating to the merit and assessment of the claim have been complied with. The Tribunal has no jurisdiction to evaluate the amount of compensation a staff member is entitled to following injuries suffered in the course of employment.

Decision Contested or Judgment Appealed

The issue to be determined is whether the claim for compensation for the injuries suffered by the Applicant and the fact that he was not moved to another mission are receivable.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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Applicants/ Appellants
Selim
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Tribunal
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