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The Judges of the UNDT and UNAT were not appointed by the IJC whose mandate was to identify suitable candidates for recommendation to the General Assembly. The Judges were elected by the General Assembly on 2 March 2009 and that process involved the participation of nearly 190 Member States of the United Nations. This guaranteed their independence. The Applicant’s averment of lack of impartiality was based on the fact that the Judges of the UNDT and UNAT were selected by the IJC. The Applicant made general accusations of potential bias but did not give any precision on how this bias on the...

The Tribunal found that the application was irreceivable as time-barred; it was also without merit because the alleged conflict of interest was not deemed to exist. Independent status: Bodies endowed with an independent status are integrated in the structure of the Organization and, whilst they may not receive instructions from their chain of command in performing the tasks entrusted to them, they are not entirely detached from the Secretary-General’s authority. Administrative decisions: The Tribunal is not competent to examine the legality of acts other than administrative decisions. Redress...

It was not unreasonable to infer that on 3 July 2015, having gone through the rigors of a criminal judicial proceeding and having been acquitted of all charges, the Applicants became aware that there may have been breaches of the applicable rules governing their arrest and detention as United Nations staff members and the waiver of their immunities. The Applicants’ causes of action in relation to the remedies for the alleged breaches of the procedures under A/63/331 and ST/AI/299 arose on 3 July 2015. Accordingly, pursuant to staff rule 11.2(c) the Applicants were, therefore, required to seek...