UNDT/2016/036

UNDT/2016/036, Gallo

UNAT Held or UNDT Pronouncements

Not receivable ratione materia. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.

Decision Contested or Judgment/Order Appealed

The Applicant, a former Investigator at the P-4 level in the Investigations Division in OIOS, contests the decision taken by the then USG/OIOS to refer the investigation report of a fact- finding panel formed under to the then ASG/OHRM.

Legal Principle(s)

N/AAs established by the United Nations Appeals Tribunal, the Dispute Tribunal is competent to review ex officio its own competence or jurisdiction ratione personae, ratione materiae, and ratione temporis (Pellet 2010-UNAT-073; O’Neill 2011-UNAT-182; Gehr 2013-UNAT-313; Christensen 2013-UNAT-335). This competence can be exercised even if the parties do not raise the issue, because it constitutes a matter of law and the Statute prevents the Dispute Tribunal from considering cases that are not receivable.

Outcome

Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Gallo

Entity

OIOS

Case Number(s)

UNDT/NY/2015/13

Tribunal

UNDT

Registry

New York

Date of Judgement