UNAT Held or UNDT Pronouncements
The Tribunal noted that by Order No. 160 (NBI/2024) issued on 9 December 2024, it directed the Applicant to provide a copy of the contested administrative decision and proof of his management evaluation request. Whereas the Applicant filed a response to Order No. 160 (NBI/2024) on 20 December 2024, he failed to provide the requested documents. The Tribunal also observed that the Applicant failed to provide the documents up to the date of the issuance of the judgment.
In line with the above, the Tribunal recalled that its Statute places on the Applicant the burden of establishing ¡°non-compliance with the terms of his or her appointment or contract of employment. Such a burden cannot be met where the Applicant fails to identify an administrative decision capable of being reviewed, that is, a specific decision which has a direct and adverse impact on the Applicant's contractual rights.¡±
In this case, the Tribunal established that the Applicant had failed to meet the burden of identifying the administrative decision that he contested. As a result, the Tribunal found that it was unable to confirm that the requirements of the Tribunal Statute had been complied with. The Tribunal thus held that the Applicant gave it no choice but to dismiss his application. The application was accordingly dismissed.
Decision Contested or Judgment/Order Appealed
The Applicant contested the manner in which the Â鶹APP Children¡¯s Fund handled his request for compensation for an injury allegedly incurred on 28 February 2021 in a work-related accident. The Applicant did not identify a specific administrative decision that he contested.
Legal Principle(s)
Pursuant to art. 2.1(a) of its Statute, the Tribunal is competent to hear and pass judgment on an application filed by a current or former staff member ¡°[t]o appeal an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment.¡±