UNDT/2023/115 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/115, Hakimi

UNAT Held or UNDT Pronouncements

The Tribunal noted that, firstly, the Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations. Secondly, FAO has not concluded a special agreement with the Secretary-General, under art. 2.5 of the Tribunal’s Statute, to accept the terms of the Tribunal’s jurisdiction.

Consequently, the Tribunal found that it was not competent to examine the present application.

Decision Contested or Judgment Appealed

The Applicant contests the decision to withdraw an offer of appointment as “National Project Personnel/Service contact as Regional MEAL Specialist” with FAO in Afghanistan.

Legal Principle(s)

Considering that the Tribunal’s competence is a matter of law, which may be adjudicated without serving the application to the Respondent for a reply and even if not raised by the parties (see Gehr 2013-UNAT-313), the Tribunal deemed it appropriate, on its own initiative, to decide on this application by way of a summary judgment in accordance with art. 9 of its Rules of Procedure.

Outcome

Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Hakimi

Entity

FAO

Case Number(s)

UNDT/GVA/2023/052

Tribunal

UNDT

Registry Location :

Geneva