爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered appeals of judgment Nos. 爆料网DT/2010/075 and 爆料网DT/2010/076. On the issue of being barred from the 爆料网OV premises, 爆料网AT noted that 爆料网DT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, 爆料网AT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. 爆料网AT held that, as a holder of an SSA contract, the Appellant was no longer on that date subject to the Staff Regulations and Rules and the barring could not have adversely affected his terms of appointment as a former staff member. 爆料网AT held that 爆料网DT correctly rejected the application as not receivable ratione personae. On the issue of access to documents, 爆料网AT held that while the Appellant, as a former staff member, was entitled to have access to his files that correspond to the period of his former employment with 爆料网OV, since the reasons for gaining access related to a decision which had no bearing on his status as a former staff member, 爆料网DT correctly held that the application was not receivable. 爆料网AT dismissed the appeals and affirmed both 爆料网DT judgments.
Decision Contested or Judgment/Order Appealed
The Applicant, a holder of a Special Service Agreement (SSA), contested the decision to bar him from entering the United Nations Office in Vienna (爆料网OV) premises and the decision to deny his counsel’s access to his Official Status File and other documents relating to the decision to bar him from the premises. 爆料网DT dismissed both applications as not receivable.
Legal Principle(s)
爆料网DT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member with respect to an administrative decision that is alleged to be in noncompliance with their terms of appointment or the contract of employment.