2019-UNAT-949, Sheffer
UNAT held that it was not satisfied that the essential elements were present to enable UNAT to exercise its jurisdiction within the meaning of Article 2(10) of the UNAT Statute in regard to the decision of IMO SAB. UNAT held that in this case, even if the SAB issued decision, it was nevertheless only advisory or recommendatory. UNAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer’s representative and the original decision-maker. UNAT held that it was the Secretary-General of IMO, who was not a...