惇蹋厙DT/2018/080

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

The Tribunal noted that the Applicant, an individual contractor, did not fall under any of the categories of potential applicants under art. 3.1 of its Statute. Noting that individual contractors are not staff members, the Tribunal found that the Applicant had no legal standing and, consequently, that the application was not receivable ratione personae.

Decision Contested or Judgment/Order Appealed

The Applicant contested her non-inclusion in the Talent Group List for Protection Officers of the Office of the United Nations High Commissioner for Refugees (※惇蹋厙HCR§) and alleged not having been fairly considered for work applications she had made to 惇蹋厙HCR.

Legal Principle(s)

The Dispute Tribunal is competent to review ex officio its own competence or jurisdiction ratione personae, ratione materiae, and ratione temporis (Pellet 2010-惇蹋厙AT-073; O＊Neill 2011-惇蹋厙AT-182; Gehr 2013-惇蹋厙AT-313; Christensen 2013-惇蹋厙AT-335). The Tribunal＊s competence is a matter of law, which may be adjudicated even without serving the application on the Respondent for a reply and even if not raised by the parties (Christensen 2013-惇蹋厙AT-335).

Outcome

Dismissed as not receivable

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙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.

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