UNDT/2017/081, Kule Kongba
The Tribunal held that the Applicant’s claim that he was underpaid between July 2004 and 31 May 2005, was not receivable. The Tribunal was satisfied that in the period in relation to which the Applicant alleged underpayments by the UNFPA Administration, the Applicant was not a staff member appointed by the Secretary-General. The jurisdiction of the Tribunal is limited to persons who are staff members or former staff members of the Organization. Therefore, the Applicant had no locus standi regarding the claims derived from another status, but not a staff member. With regard to the non-renewal of the appointment claim, the Tribunal held that the non-renewal of the Applicant’s appointment was lawful. The Tribunal reasoned that the Administration’s decision to discontinue the Applicant’s employment on the mark of expiration of his appointment was legitimate and appropriate. The Tribunal found that it was an undisputed fact that the Applicant did not satisfy the eligibility criteria because he lacked the nationality of the Republic of Congo. The UNFPA admitted, that the appointment of the Applicant, a national of Democratic Republlic of the Congo, to a national officer position, in the Republic of Congo was an oversight. The Tribunal recalled that the Administration has a duty to remedy the consequences of unlawful decisions. Therefore, discontinuing the Applicant’s appointment was the most obvious remedy.
The Applicant contested: a) The decision dated 30 November 2016 not to renew his appointment; b) The underpayment of his salary between 1 July 2004 and 31 May 2005.
As set out in art.3.1 of the UNDT Statute, the jurisdiction of the Tribunal is limited to persons having acquired the status of staff members or former staff members of the Organization. Pursuant to staff rule 4.4(b), national professional officers shall be of the nationality of the country where the office concerned is located.
Some of the Applicant’s claims were found not receivable.