2015-罌厭弝ⅰAT-517

罌厭弝ⅰAT Held or 罌厭弝ⅰDT Pronouncements

罌厭弝ⅰAT held that there was no reason to depart from its prior analysis that the 罌厭弝ⅰJSPF was not part of the Secretariat and neither the Secretary-General nor the executive head of any other member organisation, has authority over the management of 罌厭弝ⅰJSPF or the independence of the Chief Executive Officer of 罌厭弝ⅰJSPF in the administration of its staff. 罌厭弝ⅰAT held that the Secretary-General had no power to interfere or intervene in the election of members to the 罌厭弝ⅰJSPF＊s staff pension committees; those elections were governed exclusively by 罌厭弝ⅰJSPF Regulations. 罌厭弝ⅰAT held that there was no error in 罌厭弝ⅰDT＊s finding that the actual eligibility of candidates to represent participants at the 罌厭弝ⅰSPC, including any potential conflict of interest or length of term, was to be determined exclusively under the 罌厭弝ⅰJSPF Regulations and Rules. 罌厭弝ⅰAT held that 罌厭弝ⅰDT erred in finding that the Appellant had legal standing to contest the Secretary-General＊s failure to act against the alleged illegalities. 罌厭弝ⅰAT did not agree with 罌厭弝ⅰDT that the right conferred on 罌厭弝ⅰ staff members pursuant to Staff Regulation 6. 1 to participate in the 罌厭弝ⅰJPSF encompasses a right to proper representation in the 罌厭弝ⅰJSPF governance structure, which is separately governed by 罌厭弝ⅰJSPF Regulations. 罌厭弝ⅰAT held that the decision of the Secretary-General not to investigate the illegalities which the Appellant contested did not directly impact the Appellant＊s terms of appointment and/or his contract of employment and was not an appealable administrative decision falling within 罌厭弝ⅰDT＊s jurisdiction. 罌厭弝ⅰAT held that 罌厭弝ⅰDT erred in law in finding that the Appellant＊s second claim, wherein he contested the failure of the Administration to look into the alleged improprieties he raised, was receivable. 罌厭弝ⅰAT upheld the decision of 罌厭弝ⅰDT that the Appellant＊s challenge to the Administration＊s decision to grant time release and other assistance to the staff representation on the 罌厭弝ⅰSPC whom he considered ineligible was not receivable, as the Appellant did not have standing to challenge the release of other staff members. 罌厭弝ⅰAT dismissed the appeal and reversed the portion of the 罌厭弝ⅰDT judgment which found that the Appellant＊s second challenge was receivable ratione materiae.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to grant time release and related administrative assistance to staff representatives whom he alleged were ineligible to serve on the 罌厭弝ⅰ Staff Pension Committee (罌厭弝ⅰSPC) by reason of the term limits outlined in General Assembly resolution 51/226; the refusal to act against the member he claimed had a conflict of interest; and the refusal to look into the violation of the electoral regulations during the polls. 罌厭弝ⅰDT rejected the application.

Legal Principle(s)

The 罌厭弝ⅰJSPF is not part of the Secretariat and neither the Secretary-General nor the executive head of any other member organisation has authority over the management of 罌厭弝ⅰJSPF or the independence of the Chief Executive Officer of 罌厭弝ⅰJSPF in the administration of its staff.

Outcome

Appeal dismissed on merits

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 罌厭弝ⅰDT Statute and Article 11(3) of the 罌厭弝ⅰAT 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

Terragnolo

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement