2010-UNAT-077 | SYSTEM OF ADMINISTRATION OF JUSTICE

2010-UNAT-077, Rasul

UNAT Held or UNDT Pronouncements

UNAT considered an appeal against Order No. UNDT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, UNAT held that the Order had no practical effect following the withdrawal of the request for suspension of action. UNAT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. UNAT dismissed the appeal.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to extend her contract. In response to an application for suspension of action, UNDT issued Order No. UNDT/NBI/O/2010/023, which granted the application. On the same day as the application, the Applicant withdrew her request for suspension of action as the Secretary-General had agreed to extend her contract by one month and her application had become moot.

Legal Principle(s)

A party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds.

Outcome

Appeal dismissed on receivability

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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.

Full Judgment

Applicants/ Appellants

Rasul

Entity

MONUC

Case Number(s)

2010-073

Tribunal

UNAT

Registry Location :

New York