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UNDT/2021/153

UNDT/2021/153, Minzer

UNAT Held or UNDT Pronouncements

Since the Applicant in this case is separated, he can no longer be reassigned, as he requests. The application is therefore moot.

Decision Contested or Judgment/Order Appealed

Decision not to reassign the Applicant.

Legal Principle(s)

A judicial decision will be moot if any remedy issued would have no concrete effect because it would be purely academic or events subsequent to joining issue have deprived the proposed resolution of the dispute of practical significance; thus placing the matter beyond the law, there no longer being an actual controversy between the parties or the possibility of any ruling having an actual, real effect. The mootness doctrine is a logical corollary to the court’s refusal to entertain suits for advisory or speculative opinions. Just as a person may not bring a case about an already resolved controversy (res judicata) so too he should not be able to continue a case when the controversy is resolved during its pendency. The doctrine accordingly recognizes that when a matter is resolved before judgment, judicial economy dictates that the courts abjure decision. The Tribunal may not award remedies that have not been requested by the applicant.

Outcome
Dismissed on merits

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

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