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UNAT held that UNDT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC’s power. UNAT held that UNDT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant’s terms of employment “specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM”. UNAT held that UNDT had properly observed that an “incomplete application may therefore be one which is missing...

Receivability: In light of the Respondent’s own arguments in this case, it should have been clear that the decision taken clearly falls within the type of decisions contemplated by art. 2.1 of the Tribunal’s Statute. This Tribunal has moved toward a less rigid and more purposive interpretation of what constitutes an administrative decision and parties should not fail to take into account the developing case law of the Dispute Tribunal and the Appeals Tribunal. Incomplete applications: There may be cases where an application for sabbatical leave, while formally containing the documents and...