UNDT/2009/020, Hussein

UNAT Held or UNDT Pronouncements

The Applicant filed the application for a stay of proceedings in her case pending the outcome of an on-going recruitment process to the vacant post. The motion for stay of proceedings was refused because it lacked merit. The application was struck out because the Applicant was inviting the Tribunal to act as “Big Brother” and constitute some kind of sword of Damocles over the head of the Respondent by keeping her case alive while the recruitment process was on and to possibly invoke it if she was not happy with the outcome of the exercise. This was an abuse of the Tribunal’s process. In accepting to become part of the cancellation of the vacancy announcement and a re-launch of the same process over which she had brought a case to the Tribunal by presenting herself as a candidate, the Applicant acquiesced in the process and effectively extinguished her claims.

Decision Contested or Judgment Appealed

The Applicant contested the decisions to: discontinue her Special Post Allowance (SPA), cancel the recruitment process that was underway for vacancy announcement (VA) no. 8-PRO-UNON-417625-NAIROBI, and re-launch the VA.

Legal Principle(s)

Persons bringing matters before the Tribunal must at all times do so with every amount of sincerity and seriousness. The Tribunal does not make an order in vain and will not allow parties to come before her in a game of cards.

Outcome
Dismissed on merits
Outcome Extra Text

The Tribunal refused the motion for stay of proceedings and struck out the application.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/ Appellants
Hussein
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type
Applicable Law