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098 (NY/2024)

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098 (NY/2024), Mwangi

UNAT Held or UNDT Pronouncements

The case was referred to the Office of the United Nations Ombudsman and Mediation Services (“UNOMS”).

Upon confirmation from UNOMS that the referral was accepted as per para. 7 of Practice Direction No. 3 (Mediation), the proceedings would be suspended for 30 calendar days.

Decision Contested or Judgment/Order Appealed

The Applicant contested what she described as the “decision that [her] contract was not corrected to permanent from fixed term contract”. The Applicant also stated that her recorded “date of entry to [the] United Nations was incorrect” and that her officially recognized “marital status was incorrect”.

The Applicant filed submissions indicating her agreement to explore settlement through the United Nations Ombudsman and Mediation Services ("UNOMS") and her agreement to have the case referred to UNOMS.

The Respondent also filed a submission indicating that following consultations, he agreed to have the case referred to UNOMS for formal mediation. He further requested the Tribunal to suspend the proceedings for an initial period of 30 days to allow for the mediation

Legal Principle(s)

The Tribunal commended the parties on their efforts to resolve the matter amicably, and with reference to art. 15 of its Rules of Procedure, granted their request for referral to UNOMS.

Outcome
Other motion denied

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full order
Individual Party
Mwangi
Entity
MINUSMA
Case Number(s)
UNDT/NY/2024/024
Tribunal
UNDT
Registry
New York
Date of Order
Duty Judge
Judge Adda
Language of Order
English
Issuance Type
Order
Categories/Subcategories
Referral to ombudsman / mediation
Ombudsman / informal resolution
Applicable Law
UNDT RoP