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UNAT held that AJAB’s interim report did not constitute a neutral first instance process which included a written record and a written decision providing reasons, fact and law and as such, did not conform to the requirements of Article 2(10) of the UNAT Statute or the Agreement between the UN and ICAO. UNAT held that at ICAO there was no neutral first instance process including a decision. UNAT held that the Secretary-General of ICAO, who issued the contested decision, was not neutral, but a party to proceedings. UNAT held that under such circumstances it was not satisfied that the essential...

UNAT agreed with UNDT that the Appellant’s claim of constructive dismissal was not receivable. UNAT held that it was well within UNDT’s jurisdiction and that UNDT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant’s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, UNAT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...

The United Nations Dispute Tribunal had no jurisdiction to adjudicate on the Applicant’s dispute with ICAO.