009 (NY/2024), Sohier
The Tribunal reviewed the supporting documents filed by the Applicant and understood that she was facing personal circumstances that affected her ability to review court documents and prepare submissions as a self-represented Applicant. The Tribunal was also mindful of the Applicant’s right of access to the internal system of justice. At the same time, the Tribunal could not continue extending routine filing deadlines and delay the proceedings indefinitely.
The Tribunal considered that the interests of justice, including those of both parties, obliged it to adjudicate the case as expeditiously as possible and use its limited resources most efficiently.
The Applicant contested the non-renewal of her fixed-term appointment on the (alleged) grounds of poor performance.
The Dispute Tribunal has on several occasions enunciated “a general principle of procedural law that the right to institute legal proceedings is predicated upon the condition that the person using this right has a legitimate interest in initiating and maintaining legal action. Access to the court has to be denied to those who are no longer interested in the proceedings they instituted”. (Saab-Mekkour UNDT/2010/047, para. 6. See also Bimo & Bimo UNDT/2009/061, Hastopali & Stiplasek UNDT/2009/062; Moussa UNDT/2010/029; and Zhang-Osmancevic UNDT/2015/034).
The Tribunal reviewed the supporting documents filed by the Applicant and understood that she was facing personal circumstances that affected her ability to review court documents and prepare submissions as a self-represented Applicant. The Tribunal was also mindful of the Applicant’s right of access to the internal system of justice. At the same time, the Tribunal could not continue extending routine filing deadlines and delay the proceedings indefinitely.
The Tribunal considered that the interests of justice, including those of both parties, obliged it to adjudicate the case as expeditiously as possible and use its limited resources most efficiently.