51ÁÔÆæ

The Applicant had a contractual right to be recruited as the Respondent provided no reason whatsoever for not doing so after having issued an offer of appointment.

The Tribunal reviewed the present application and found that it was not receivable ratione temporis and ratione personae. In accordance with art. 8.4 of the Tribunal¡¯s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant¡¯s receipt of the contested administrative decision. The Applicant clearly indicated in her application that the contested decision dated back to 2010 and, in such circumstances, her application was not receivable ratione temporis. Furthermore, the Tribunal observed that while the...

The Applicant was not a staff member at the time of the contested decision, and her former employment was with a different entity than that concerned by the administrative decision under review in this case. No nexus existed between the Applicant¡¯s former employment with the Organization and the administrative decision under review, and the Applicant has therefore no standing to challenge this decision. The cancellation of a selection process is not a challengeable administrative decision. In this case, the canceled job opening was eventually re-advertised and the Applicant eventually selected...

The Applicant did not appeal a final administrative decision carrying direct legal effects. The application was therefore not receivable ratione materiae. The contested decisions had no nexus with the Applicant's former employment with the Organization, the application was therefore not receivable ratione personae.

The Tribunal recalled that a former staff member has access to the Dispute Tribunal only in respect of an administrative decision affecting the terms of his or her former appointment or contract. In the present case, the Tribunal found that the application was not receivable ratione personae because at the date of filing the application, the Applicant was not a staff member and the contested decision did not breach the terms of his former appointment or contract of employment.

The Tribunal found that the Applicant had not established that she fit in any of the three categories enunciated in the Statute. She could not sue as a staff member because she was not, and she could not sue as a former staff member because the claim had no relation to her contractual status. The Tribunal having found that the Applicant was not the decedent¡¯s widow, she was not entitled to the benefits in any capacity. The Applicant had no standing ratione personae.

UNDT noted that the Applicant did not assert any right acquired in terms of his previous contract of employment with the Organization. UNDT held that there was no nexus between the Applicant¡¯s former employment and the contested decision. UNDT held that the Applicant did not have standing and that the application was not receivable ratione personae. UNDT rejected the application in its entirety.

UNDT held that the application was not receivable both ratione personae and ratione materiae because at the date of the filing of the present application, the Applicant was not a staff member and the contested decision had no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment. UNDT rejected the application in its entirety.