2014-UNAT-413, Oummih
Noting that it had received a Motion to Withdraw, UNAT granted the motion. UNAT held that, the appeal having been withdrawn, the UNDT judgment remained in force.
The Applicant contested the decisions: 1) to issue a written reprimand; 2) to place a warning on her Official Status File (OSF); and 3) to refuse her legal assistance. UNDT found unnecessary to rule on the lawfulness of the reprimand, which had been withdrawn, and in relation to which the Applicant showed no compensable harm. UNDT found that the Applicant could not show moral or material damages from the written reprimand having been on her OSF for a period of just over one month. With respect to the refusal of the Office of Administration of Justice (OAJ) to provide legal assistance, UNDT noted that OAJ had indicated the written reprimand was lawful. UNDT concluded that OAJ was entitled to refuse her legal assistance from OSLA, given the inherent conflict of interest posed by her application against a decision emanating from the Chief of the Office of Staff Legal Assistance.
An Appellant may withdraw his or her appeal simply by giving notice; the request need not be justified.