UNDT/2009/020, Hussein
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.
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.
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.
The Tribunal refused the motion for stay of proceedings and struck out the application.