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UNDT preliminarily rejected the Applicant’s requests for recusal, holding that there were no longer any grounds for ruling on those requests since the UNDT President previously rejected those requests. Concerning the first application, UNDT held that the Applicant did not establish the illegality of the election of JC and that his application for the election to be declared null and void must be rejected. With regard to the Applicant’s request that all decisions taken by the Internal Justice Council be rescinded, UNDT held that it is clear from General Assembly Resolution 62/228 of 22 December...

Even though the contested decision resulted in a reduction of the Applicant’s responsibilities, by removing from her all authority over this section which she previously managed, the challenged decision is in itself a simple decision of organization of a service, which is not open to appeal before the Tribunal. Indeed, it results from the Staff Rules and from the Tribunal’s Statute that a staff member may only contest before the Tribunal an administrative decision which affects his or her rights as provided for in his or her letter of appointment and administrative issuances applicable to...

The Tribunal found that the decision of the Ethics Office had direct consequences for the rights of the Applicant so as to make it an administrative decision. Further, the Tribunal held that when a claim relates to issues covered by ST/SGB/2005/21, a staff member is entitled to certain administrative procedures, including judicial review of the administrative decision taken.