UNDT/2024/037 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2024/037, Noble

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant had not proved that he suffered any direct adverse effect on account of the contested decision. The contested decision is therefore not an administrative decision within the meaning of art. 2(1) of the Dispute Tribunal’s Statute.

Decision Contested or Judgment Appealed

The Applicant, a Senior Security Officer with the United Nations Department of Safety and Security (“UNDSS”), filed an application contesting the decision of the Captain, Central Scheduling Unit (“C/CSU”), UNDSS to place him on the “Priority Two” list with respect to his request to work overtime on 10 April 2023 (the “contested decision”).

Legal Principle(s)

For an application to be receivable, and for the Dispute Tribunal to thereby have jurisdiction under its Statute, the relevant staff member must therefore be able to (a) identify a particular and affirmative legal right in her/his employment relationship with the Organization, and (b) prove that this right has been violated by the Administration. The Tribunal’s jurisprudence is firm that “an appealable administrative decision is a decision whereby its key characteristic is the capacity to produce direct legal consequences affecting a staff member’s terms and conditions of appointment” (see the Appeals Tribunal in Larriera 2020-UNAT-1004, para. 29).

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

Noble

Entity

UN Secretariat

Case Number(s)

UNDT/NY/2023/031

Tribunal

UNDT

Registry Location :

New York