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Article 8.6

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    • Showing 1 - 2 of 2

    2023-UNAT-1388, Yassir Ibrahim Ali Haroun

    Administrative decision Definition TEST -Rename- Benefits and entitlements-45 Interlocutory or interim appeal / Appeal of UNDT order to UNAT Receivability Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae) Temporal (ratione temporis) Management Evaluation Time limit Procedure (first instance and UNAT) Case management Oral hearings Suspension of action / interim measures Mootness

    The UNAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. UNDT/2022/124 and that the UNDT did not err in delivering its Judgment during the pendency of that appeal.  The UNAT nevertheless observed that the UNDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022).  Despite this, the UNAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case.  With regard to Order No. 158 (NBI/2022), the UNAT held that the UNDT rightfully refused to...

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    2016-UNAT-614, Roberts

    Abuse of process before UNDT/UNAT Costs Compensation Non-pecuniary (moral) damages Evidence Compensation Referral for accountability

    UNAT considered the appeal by the Secretary-General challenging the compensation for moral damages. UNAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. UNAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the UNDT judgment. UNAT held that the appeal was, therefore, moot. UNAT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. UNAT held that although the Secretary-General’s appeal had no merit, it...

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