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Administrative decision: A decision imposing to a staff member an obligation to report to work may not be said to be purely preparatory in nature, as it has effects on his or her terms of appointment. As such, it is a decision open to appeal before the Tribunal. Interim measures: The Tribunal may only grant suspension of action on a decision as an interim measure under articles 10.2 of the Statute and 14 of the Rules of procedure during the proceedings of a case, that is, when there is an application against the same decision pending before it. Management evaluation/receivability of suspension...

The Applicant contended that the transfer decision was unlawful in that it was arbitrary and adopted and implemented in breach of mandatory procedures and that UNCTAD senior management acted in bad faith and with ulterior motives when doing so. The Respondent submitted that the UNCTAD senior management acted within its margin of discretion and on properly reasoned grounds based on the Applicant’s skills and qualifications and the operational needs of UNCTAD both in New York and Geneva. The Tribunal found that the reasons provided to the Applicant for his transfer were not justified by the...

For courts such as the UNDT and UNAT to be effective in the exercise of their respective jurisdictions, it is imperative that their decisions, however unpalatable they appear to a losing party, are obeyed and complied with, pending any judicial avenues for a remedy if the situation so warrants. The Tribunal holds that although the Statute is silent in as far as contempt provisions are concerned, the power to adjudicate on contempt is inherent in the jurisdiction afforded to the Tribunal by the Statute. The function of the Tribunal necessarily requires that its orders would be obeyed and not...

The Tribunal considered that the Applicant as a party cannot file a motion for intervention in her own case, and that her request for intervention by the Tribunal in the rebuttal process is not receivable ratione materiae, thus leaving no legal ground for an interim measure.

The rejection of creating a “separate case” for the Applicant’s motion for interim relief in Case No. UNDT/NY/2016/028 was done pursuant to the instructions of Judge Greceanu. The contested decision was therefore made by Judge Greceanu and not the Registrar, whose role was merely to communicate this decision to the Applicant. Since the facts were clear from the application, a summary judgment on receivability could be issued under art. 9 of the Rules of Procedure. The Tribunal rejected the application as not receivable ratione materiae.

The Tribunal rescinded the contested decisions and awarded USD50,000 in non-pecuniary damages.

The Tribunal found that her separation upon the expiry of her contract was not the subject matter of the Application before it. Damages for moral injury – As held by UNAT in Asariotis, damages for moral injury may arise in two situations: first, for a fundamental breach of the employee’s substantive entitlements arising from his or her contract, and/or from a breach of procedural due process entitlements; secondly, where the employee has produced evidence of harm, stress or anxiety caused by the breach.

The decision to deny the Applicant’s claim for compensation can no longer be subject of a challenge before this Tribunal, because it ceased to have legal effect the moment it was rescinded by the decision-maker. Since the contested decision is no longer existing, the Tribunal cannot rule on the Applicant’s case. The outcome of MEU is not of itself an administrative decision. Consequently, this Tribunal cannot pass judgment on it. Therefore, the Applicant’s challenge against the outcome of the MEU review is not receivable. The lack of existence of a substantive matter makes any motion for...

Since the Applicant withdrew the case, it is therefore closed.

The Tribunal found that the provided reason for not renewing the Applicant’s appointment was not properly based on facts and, consequently, that the contested decision was unlawful. To determine remedies, through a subsequent judgment, the Tribunal instructed the parties to file final submissions on the matter taking into account its findings in the instant Judgment.