UNDT/2021/168

UNAT Held or UNDT Pronouncements

The Tribunal found that the application, insofar as it contests the SPA decision and the Reclassification decision, is not receivable. The Applicant submitted his SPA claim three years too late, therefore, his claim is timebarred. As the Applicant never requested reclassification, there is no final administrative decision regarding reclassification. Without a final administrative decision regarding classification, the Dispute Tribunal lacks jurisdiction to adjudicate the Reclassification decision. The Tribunal found that the ToRs decision was lawful on the basis that the Administration reasonably decided that the amended ToRs are commensurate with the Applicant’s level, competence, and skills.

Decision Contested or Judgment/Order Appealed

The Applicant, a Transport Assistant with the United Nations Mission for the Referendum in Western Sahara (“MINURSO”), filed an application contesting the decisions to: (a) deny his request for Special Post Allowance (“SPA”) from 27 March 2016 to 27 October 2017 (“SPA decision”); (b) not reclassify the post he encumbers (“Reclassification decision”); and (c) revise the Terms of References (ToRs) for his position (“ToRs decision”).

Legal Principle(s)

Outcome

Dismissed on merits

Outcome Extra Text

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Applicants/Appellants

AIT SHAK

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