UNDT/2014/006

UNAT Held or UNDT Pronouncements

There is no contestable administrative decision over which this Tribunal has jurisdiction, rather the Applicant is seeking to have the Tribunal substitute its view for that of the Arbitration Committee with regard to an internal UNSU matter. The application is not receivable rationae materiae. As indicated in Kisambira Order No. 36 (NY/2011), the Dispute Tribunal has no jurisdiction over matters involving the internal affairs of a staff association. The application is not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contests the decision to suspend the payroll deductions of his contributions to the United Nations Staff Union (“UNSU”) from his salary and the suspension of the remittance of these deductions to the UNSU bank account.

Legal Principle(s)

Articles 15 and 17 of UNSU’s Statute and Regulations provides that issues of compliance with the Statute and Regulations are to be addressed by “[t]he Arbitration Committee [which] shall consider and rule on compliance matters as specified in the Regulations made under [UNSU’s Statute and Regulations] and ... [i]n the event of an unresolved dispute arising over the interpretation of the Statute, its Regulations or any policy the matter shall be referred to the Arbitration Committee”.

Outcome

Dismissed as not receivable

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