The Tribunal found that it does not have jurisdiction ratione personae as Defence Counsel at the ICTR who have a particular status, which is defined by the internal rules of the ICTR and the Agreement between the United Nations and the United Republic of Tanzania concerning the Headquarters of the International Tribunal for Rwanda dated 24 September 1996.
Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with General Assembly resolution 63/253 which intentionally limited the Tribunal’s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member. The applicant’s references to provisions of the Charter of the United Nations are without merit in this respect.
Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with the General Assembly’s resolution 63/253 which intentionally limited the Tribunal’s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member.
Since the applicant was not a staff member of UNOV when the contested decision was taken, the decision to bar him from access to the VIC did not affect and could not have affected his terms of appointment. The decision could be contested neither before the JAB nor before the UNDT.
Since he remained a WFP staff member and pursuant to the above-mentioned Inter-Organization Agreement, the applicant never had a contractual relationship with UNAMID. Only WFP was in a position to render decisions that could affect his terms of appointment. Two decisions were at stake. With respect to the first (WFP decision not to treat him as a D-1), his case could not be heard before UNDT because WFP has recognised ILOAT as judicial review body. Concerning the second (UNAMID decision not to appoint him as Deputy Director), the applicant is not a “staff member” within the meaning of art. 3...
According to the available record, the applicant never received a letter of appointment and no such letter was ever signed by an authorized official. He did not, therefore, become a staff member of the United Nations within the meaning of article 3, paragraph 1, of the UNDT Statute. It follows that the applicant has no access to the system of administration of justice in its present state. It is noted that the General Assembly has requested the Secretary-General to investigate the option of granting access to non-staff personnel. Outcome: the application was rejected.
The contested decision did not affect the applicant’s terms of appointment derived from his status as a former staff member or from his status as a retiree. Furthermore, there is not a contractual relationship between the applicant and the Organization derived from his voluntary service as a member of the Panel of Counsel. The application was thus neither receivable before the UNAT nor before the UNDT. Outcome: The application was rejected.
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 rejected the application on the ground that the Applicant is not a UN staff member and therefore does not have access to the Tribunal. Status of STL staff members: While article 12 of the STL Statute explicitly provides that the “Registrar shall be a staff member of the United Nations”, there is no such reference for other high-ranking officials such as the Judges or the Prosecutor, nor for any other “Lebanese and international staff” of the STL. From the wording of both the Statute and the Agreement between the United Nations and the Lebanese Republic on the establishment of the...
The Administration did not have a legal obligation towards the Applicant to take action at any stage in relation to the fraud. No legally relevant relationship between OCHA and the Applicant existed; the fact that the Applicant’s aunt submitted her applications to a UN staff member did not create such a relationship. No Organization is bound to respond to uninvited applications for jobs that the Organization had not previously announced. Neither OCHA nor any other Organization can be made liable for criminal abuse of its name and reputation.The Applicant, who resigned from her post in UNFPA...
