爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the 爆料网, through 爆料网AMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by 爆料网AMID during the term of the Loan Agreement. 爆料网AT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. 爆料网AT held that, without access to the administration of justice system within the 爆料网, the Appellant would have no right to an effective remedy from the competent tribunal in respect of administrative decisions taken by 爆料网AMID and that this would be a denial of justice. 爆料网AT held that 爆料网DT erred on a question of law in finding that the Appellant did not have standing to contest the administrative decision of 爆料网AMID before 爆料网DT. 爆料网AT allowed the appeal, vacated the 爆料网DT judgment and remanded the case to 爆料网DT for a hearing on the merits.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decisions not to treat him as a staff member while he was on loan from WFP to 爆料网AMID and not to appoint him to a post for which he had applied. 爆料网DT found that, under the Inter-Organisation Agreement, the Applicant had no contractual relationship with 爆料网AMID and therefore he could only contest the decision before the Administrative Tribunal of the International Labour Organisation (ILOAT), the appropriate appeals body established by WFP, as 爆料网DT had no jurisdiction. 爆料网DT found that the Applicant, a staff member of WFP who services with 爆料网AMID under a reimbursable loan agreement, did not have legal standing ratione personae to challenge the non-appointment decision. 爆料网DT dismissed the application.
Legal Principle(s)
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