Abuse of process before UNDT/UNAT
TEST -Rename- Benefits and entitlements-45
Jurisdiction / receivability (UNDT or first instance)
Not only did Counsel for the Respondent initially refuse to take part in the proceedings because submissions were being filed and submitted through the eFiling portal, she further failed to comply with the Tribunal’s Order granting her an extension of 30 days. This failure, in the circumstances is an abuse of the process of the Tribunal. The Tribunal is entitled to enter, on its own Motion, a default judgment in this case. This means that in the present case, the Tribunal shall rely on the facts as presented by the Applicant and apply the relevant law to these facts. Upon his separation from...