2013-UNAT-380

2013-UNAT-380, Cooke

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT considered that UNDT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke’s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. UNAT held that when it determines that UNDT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. UNAT clarified that this did not mean, however, that the judgment on the merits was automatically vacated; only UNAT can vacate a judgment, upon application by a party. UNAT granted the Secretary-General’s appeal and vacated the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested his summary dismissal. UNDT found for the Applicant.

Legal Principle(s)

When UNDT improperly receives an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio.

Outcome

Appeal granted

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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

Cooke

Entity

UNICEF

Case Number(s)

2013-432

Tribunal

UNAT

Registry Location :

New York