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UNDT/2019/174

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UNDT/2019/174, Maswiswi

UNAT Held or UNDT Pronouncements

The Registry of the Tribunal has, in this case, tried to get in touch with the Applicant and her Counsel on record to no avail. While the Applicant has not expressly indicated a desire to abandon proceedings, the Tribunal is in a position where it simply cannot find the Applicant or Counsel acting on her behalf and so, can only assume that she is no longer interested in pursuing this matter any further.

Decision Contested or Judgment/Order Appealed

The disciplinary measure that was imposed on the Applicant, as well as the Respondent’s decision to abolish her post and separate her from service of the; Organisation.

Legal Principle(s)

Article 9 of the UNDT rules of procedure affords the Tribunal the power to determine, on its own initiative, that summary judgment is appropriate. This may happen when there is no dispute as to the material facts of the case and judgment is restricted to a matter of law. The abandonment of proceedings exemplified in this case is such a matter of law, and the material facts relevant to determine this particular issue are not disputed.

Outcome
Dismissed on merits

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 judgment
Applicants/Appellants
Maswiswi
Entity
UNHCR
Case Number(s)
UNDT/NBI/2018/048
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Tibulya
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Applicable Law
UNDT RoP
Related Judgments and Orders
UNDT/2009/061
UNDT/2015/034
UNDT/2019/140