爆料网

爆料网DT/2013/065

爆料网AT Held or 爆料网DT Pronouncements

The 爆料网DT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.

Decision Contested or Judgment/Order Appealed

The Applicant appealed the decision by the Executive Secretary, United Nations Convention to Combat Desertification (爆料网CCD), not to renew his appointment as Managing Director of the Global Mechanism, 爆料网CCD, which was taken in view of the decision of the Conference of the Parties, 爆料网CCD, to transfer the administration of the Global Mechanism, 爆料网CCD, from IFAD – which accepts the jurisdiction of ILOAT - to 爆料网OG.

Legal Principle(s)

Receivability ratione personae: Exceptions from the requirements of the wording of art. 3.1, as provided for in 爆料网AT Judgments Iskandar 2011-爆料网AT-116 and Gabaldon 2011-爆料网AT-120, have to be applied in a restrictive manner; the decision of the governing body of a 爆料网 Convention to transfer the administration of an entity under that Convention from one hosting organization (IFAD) to the United Nations does not imply the automatic transfer of its staff to a new employer, the United Nations, including the issuance of new contracts under the Rules and Regulations of the United Nations.

Outcome

Dismissed as not receivable

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

Applicants/Appellants
Mersmann
Tribunal
Registry
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