UNDT/2024/054 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2024/054, Raschdorf

UNAT Held or UNDT Pronouncements

For an application to be considered receivable by the Tribunal, it is essential that the Applicant distinctly identifies the specific administrative decision being contested. This requirement is stipulated under art. 2.1 of the Tribunal’s Statute, which outlines the parameters within which the Tribunal exercises its jurisdiction. The clarity in pinpointing the contested decision ensures that there is a concrete basis for the Tribunal to examine the claims and assess any alleged violations of employment terms.

Under the circumstances, the Tribunal finds that it is hamstrung by the lack of clarity in the Applicant’s submissions. Communications from the ABCC Secretariat on 20 and 24 April 2023 are not reviewable as they served to do little more than inform the Applicant of the process ahead of her.

The Tribunal requires a concrete decision with determinative impact to engage its review function.

Decision Contested or Judgment Appealed

The Applicant challenged the decisions of the Advisory Board on Compensation Claims "dated 20 and 24 April 2023."

Legal Principle(s)

An application must specifically delineate the specific administrative decision being contested, providing clear details of its issuance and the impact it allegedly has on the Applicant’s employment. The failure to identify a specific administrative decision fundamentally undermines the receivability of the application.

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

Raschdorf

Entity

UNAMI

Case Number(s)

UNDT/NBI/2023/057

Tribunal

UNDT

Registry Location :

Nairobi