2016-UNAT-625, Mosupukwa
UNAT held that the Appellant had failed to submit his appeal to the AJAB in accordance with the time limits defined in ICAO’s Field Service Staff Rules. UNAT held that a submission of an appeal of the administrative decision to AJAB was a mandatory step in the first-instance procedure. UNAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of an appellant which were not considered first by the AJAB as the “neutral first instance process”. UNAT further held that the Appellant had failed to comply with a mandatory step of the first instance procedure. UNAT dismissed the appeal.
The Applicant initially filed an application with UNDT to “document the maltreatment he suffered at the hands of ICAO’s Technical Cooperation Bureau during his service and particularly and the trauma as a result of the events” and to seek relief. Upon learning that UNDT had no jurisdiction over cases arising from ICAO, the Applicant filed the same application with UNAT.
It is within UNAT’s proper purview to deliberate upon Advisory Joint Appeals Board (“AJAB”) conclusions and recommendations, as the AJAB constitutes the proper venue of “neutral first instance process. ” Accordingly, there should normally be no need for UNAT to review any evidence other than that previously submitted before the AJAB.
No relief ordered