The Tribunal noted that, firstly, the Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations. Secondly, FAO has not concluded a special agreement with the Secretary-General, under art. 2.5 of the Tribunal's Statute, to accept the terms of the Tribunal's jurisdiction. Consequently, the Tribunal found that it was not competent to examine the present application.
The contested decision was linked to the decision to bar the applicant from entering the VIC in October 1999, when he was no longer a staff member of UNOV. Hence, the decision to deny his counsel access to the applicant’s OSF did not affect and could not have affected his terms of appointment. The application was thus neither receivable before the UNAT nor before the UNDT. Outcome: The application was rejected.
The Tribunal found that the Administration had fulfilled its obligation, stressing that the results in the tests indicated that the Applicant was less qualified for the posts than the other candidates. Receivability ratione materiae: Although the contested decision was made after the Applicant had ceased to be a staff member, it is directly linked to her separation and corresponds to the criteria set in the relevant jurisprudence of an “administrative decision” subject to appeal. Priority consideration: A promise of priority consideration must be understood as giving priority only over other...
The Tribunal raises on its own motion the question of the receivability ratione materiae, namely whether the OIOS decision was an appealable administrative decision. On the merits, it finds that the OIOS decision is lawful. Tribunal’s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion—that is, even if the issue was not raised by the parties—whether it is competent, pursuant to its Statute, to hear and pass judgment on an application, including whether the contested decision is an...
The Tribunal found that the OIOS decision was an appealable administrative decision but that the application was time-barred. Force of JAB conclusions and recommendations: The Tribunal is not bound by the conclusions and recommendations of the Joint Appeals Board, which is only a consultative body. Tribunal’s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion—that is, even if the issue was not raised by the parties—whether it is competent, pursuant to its Statute, to hear and pass...
