爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT considered three appeals by the applicant.
The 爆料网AT found that the impugned Order was an interlocutory order and was obviously beyond the competence of the 爆料网AT.
The 爆料网AT held that the applicant had not submitted documents to prove being a United Nations staff member and that he had no legal standing before the 爆料网DT. The 爆料网AT noted that there was no evidence of an offer of appointment having been issued to him for either post. Second, he failed to complete the pre-recruitment formalities for both posts. Third, he failed to confirm, within a reasonable time, his interest and availability for the consultancy. Lastly, consultants are not staff members of the United Nations.
The 爆料网AT was of the view that the applicant has deliberately flouted 爆料网AT orders, filed exceedingly extensive, gratuitously insulting and irrelevant documents constituting scurrilous personal attacks on numerous officials of the United Nations, and submitted potentially defamatory comments against the Judges of the 爆料网DT and the 爆料网AT and the Registrar. The 爆料网AT found that his activity constituted an abuse of the CCMS and abuse of process.
The 爆料网AT dismissed the appeals and affirmed Judgment Nos. 爆料网DT/2022/078 and 爆料网DT/2023/073; instructed the applicant to refrain from using the CCMS and the United Nations internal justice system and refrain from all outside communication with the Judges and Registries of the Tribunals; and instructed the Registrar to disregard all correspondence from him.
Decision Contested or Judgment/Order Appealed
An individual sought to become a staff member but was unable to identify an administrative decision to contest. In Order No. 074 (NY/2022) on case management, the 爆料网DT requested that the applicant provide information on the administrative decision he intended to contest and on his employment status as a United Nations staff member. After he failed to do so, in Judgment No. 爆料网DT/2022/078 in the same case, the 爆料网DT dismissed his application as not receivable.
Subsequently, the applicant sought to be recognized as a former staff member of ECA and a current staff member of DOS. In Judgment No. 爆料网DT/2023/073, the 爆料网DT dismissed his application as not receivable.
Legal Principle(s)
The 爆料网DT’s competence is limited to cases brought by staff members, former staff members or persons making claims in the name of incapacitated or deceased staff members of the United Nations.
Procedural rights are created when an offer of employment is issued, the conditions of the offer of employment have been fulfilled and the offer of employment has been accepted unconditionally. When a decision to appoint has not been finalized because it is still subject to other internal processes, the applicant may not be considered a staff member.