2012-��AT-197

��AT Held or ��DT Pronouncements

��AT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before ��DT. However, ��AT held that ��DT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the ��DT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his service contract. ��DT rejected the application for lack of jurisdiction and ordered the Applicant to pay USD 500. 00 for abuse of proceedings. The Applicant appealed.

Legal Principle(s)

A contractual clause in a service contract, regardless of whether it includes a material error, or whether it was made knowingly, cannot bestow upon ��DT competencies that have not been provided by its Statute, another resolution of the General Assembly or similar legal instrument.

Outcome

Appeal granted in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Ndjadi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement