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UNDT/2020/127

UNDT/2020/127, Hossain

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Full judgment

UNAT Held or UNDT Pronouncements

There was a final decision because the performance rating of “partially satisfactory” became binding on the Applicant once the Rebuttal Panel issued its recommendation of 25 May 2018. The application, however, was not receivable because the Applicant failed to prove that there were direct legal consequences stemming from the Rebuttal Panel’s decision.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision of the Rebuttal Panel to maintain the rating of “partially satisfactory” that he received in his 2016 Performance Management and Development (PMD) assessment.

Legal Principle(s)

A decision is challengeable under art. 2.1(a) of the UNDT Statute if it is final and produces direct legal consequences to the legal order. Conversely, a decision that is final but produces no direct legal consequence on a staff member’s terms of appointment or the contract of employment is not receivable by the Tribunal.

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
Hossain
Entity
UNDP
Case Number(s)
UNDT/NBI/2019/023
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Sikwese
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Administrative decision
Jurisdiction / receivability (UNDT or first instance)
Performance management
Applicable Law
Other UN issuances (guidelines, policies etc.)
UNDT Statute
UNAT Statute