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UNAT held that since the Appellant did not submit her preliminary request for administrative review within the time limit, a time limit which expired before the new Staff Rules came into force, UNDT had no alternative than to reject her application as not receivable. UNAT dismissed the appeal.

This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the UNDT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the UNAT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the UNDT has: (a) exceeded its...

Finality of disputes: The desirability of finality of disputes in proceedings requires that a party should be able to raise a valid defence of res judicata, which provides that a matter between the same persons, involving the same cause of action, may not be adjudicated twice. Res judicata: Once a matter has been determined, parties should not be able to re-litigate the same issue. An issue, broadly speaking, is a matter of fact or question of law in a dispute between two or more parties which a court is called upon to decide and pronounce itself on in its judgment. The object of the res...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant’s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant’s contract, constitutes a separation...