2021-Ģ��ƵAT-1089

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Ģ��Ƶ-ISA Special Agreement and the resulting ISA Staff Rules do not comply with the Ģ��ƵAT Statute and, consequently, Ģ��ƵAT is unable to exercise its jurisdiction as a second-level tribunal. The jurisdictional power of Ģ��ƵAT, ratione personae, and ratione materiae cannot be established or extended unilaterally by the litigating parties through a procedural contract, expressly or tacitly agreed.

Decision Contested or Judgment/Order Appealed

The decision to reject Ms Nguyen��s claim for her separation entitlements as a result of her shortened secondment from Ģ��ƵOPS to ISA.

Legal Principle(s)

The JAB of ISA provides recommendations to the Secretary-General of ISA; it does not decide on an appeal. It is therefore not a neutral first instance process within the meaning of Article 2.10 of the Ģ��ƵAT Statute.

Outcome

Case remanded

Outcome Extra Text

To ensure compliance with the jurisdictional requirements of the Ģ��Ƶ-ISA Special; Agreement and Article 2.10 of the Ģ��ƵAT Statute, Ģ��ƵAT remands the matter to the JAB for reconsideration and decision by a neutral first instance process that produces a written decision and record that includes a statement of the relevant facts and law, with written reasons and analysis.

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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

Van Khanh Nguyen

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