2017-UNAT-725, Baracungana
UNAT held that UNDT did not have the power to remand the case back to the ABCC, since an order under that provision requires the concurrence of the Secretary-General to that effect. UNAT held that the only proper course for UNDT to take was either to remand the case to the ABCC with the Secretary-General’s concurrence or to consider whether the procedural flaws warranted the rescission of the impugned administrative decision. UNAT held that UNDT, by making an order to remand the case to the Administration without the concurrence of the Secretary-General, exceeded its competence and committed...