UNAT Held or UNDT Pronouncements
The Tribunal has no jurisdiction to determine this application on the merits as it challenges a decision that was not submitted for management evaluation in a timely manner. The application is therefore not receivable ratione materiae.
The Applicant’s contention in respect of his putative privileges and immunities as a staff member of the United Nations is misconceived. Section 20 of the Convention on the Privileges and Immunities of the United Nations is clear: Privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the individuals themselves.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the Respondent’s decision to implement a court order on child support, which resulted in a salary deduction. The Applicant argued that the Mission did not have the right to implement this court order, and that it did so in breach of the privileges and immunities he enjoys as a staff member of the United Nations.
Legal Principle(s)
Receivability is a threshold issue because the Tribunal is obliged to determine whether it has jurisdiction to hear a case. Receivability constitutes a matter of law and the Statute prevents the UNDT from receiving a case which is actually non receivable.
Outcome
Outcome Extra Text
The Application would have been dismissed on the merits even if it was found to be receivable.