2012-UNAT-258 | SYSTEM OF ADMINISTRATION OF JUSTICE

2012-UNAT-258, Kananura

UNAT Held or UNDT Pronouncements

UNAT held that it would not lightly interfere with the UNDT’s exercise of its jurisdictional powers, conferred on UNDT by its Statute, which enables cases to be judged fairly and expeditiously. UNAT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of UNDT, notwithstanding the alleged breach of procedural fairness. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant filed a request for suspension of action of the decision that she would have to take a break in service. UNDT issued its judgment granting the suspension of action since the three conditions stipulated in Article 2. 2 UNDT Statute were met. The Secretary-General appealed.

Legal Principle(s)

In general, only appeals against judgments of the UNDT concerning matters of substance are receivable. Appeals against decisions taken during UNDT’s proceedings are non-receivable save in circumstances where the UNDT has exceeded its jurisdiction or competence.

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

Kananura

Entity

OHRM

Case Number(s)

2011-274

Tribunal

UNAT

Registry Location :

New York