爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT had made no error in finding that as a General Service staff member at the G-5 level, the Applicant was not eligible to apply for the vacancy advertised in the JO, which was a post in the Professional category at the P-5 level and that, therefore, the disputed decision had no legal consequences affecting him and no effect on his rights and terms of employment. 爆料网AT held that 爆料网DT did not err in its finding that the Appellant was not claiming a right to be consulted as an individual staff member, but rather, in his capacity as a staff representative. 爆料网AT held that there was no statutory provision or other law which gives 爆料网DT jurisdiction to entertain an application by a staff representative on behalf of staff members. 爆料网AT held that the Appellant had failed to demonstrate any error of law or fact committed by 爆料网DT in arriving at its judgment that the application was not receivable. 爆料网AT held however that Appellant was under the impression that he could present an effective challenge and had not manifestly abused the proceedings by merely proceeding with his application. 爆料网AT upheld the appeal in part to vacate the order of costs against the staff member and affirmed the 爆料网DT judgment on receivability.
Decision Contested or Judgment/Order Appealed
The Applicant contested what he described as the “implementation” of a job opening for a P-5 post. 爆料网DT dismissed the application as not receivable ratione personae since the Applicant challenged the application of a policy that had no direct legal consequences affecting him. 爆料网DT ordered costs against the Applicant for having manifestly abused the proceedings “by his persistence in advancing a legally unsustainable contention, despite guidance offered at the case management discussion (CMD) on the applicable legal principles”.
Legal Principle(s)
A staff representative acting on behalf of staff members does not have standing to bring an application before 爆料网DT. The 爆料网DT Statute is quite clear that the right to challenge an administrative decision before 爆料网DT is an individual right. There is no statutory provision or other law which gives 爆料网DT jurisdiction to entertain an application by a staff representative on behalf of staff members. The only recognition given to a staff association in the 爆料网DT Statute is contained in Article 2. 3, which provides that “the Dispute Tribunal shall be competent to permit or deny leave to an application to file a friend-of-the-court brief by a staff association”.