UNDT/2012/053, Kamanou
Appealable decisions: According to article 2.1(a) of the Statute, a staff member may not contest before the Tribunal a decision which does not affect his or her rights under the staff member’s contract of employment or terms of appointment.Decisions on publication of United Nations documents: Pursuant to former staff rule 112.7 and staff rule 1.9, all rights on documents prepared by a staff member as part of his or her functions following his or her supervisors’ instructions and under their supervision belong to the Organization only. Accordingly, a decision on the publication of such document has no consequences on the Applicant’s rights and it is thus not open to appeal before the Tribunal.
The Applicant contests the decision by the Department of Economic and Social Affairs not to publish (in paper version) a handbook that she had contributed to elaborate as part of her functions. The Tribunal found that, since all rights on the handbook belonged to the Organization, the decision to publish it or not had no impact on the staff member’s terms of appointment. Hence, the contested decision was not an appealable decision as per article 2.1(a) of its Statute.
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