UNDT/2009/061 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2009/061, Bimo and Bimo

UNAT Held or UNDT Pronouncements

As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.

Decision Contested or Judgment Appealed

The Applicants’ appointment with UNMIK was terminated prior to its expiration date. They filed a joint appeal together with 12 other staff members with the Joint Appeals Board. After transfer to UNDT, the cases had to be separated and the Applicants were ordered on two occasions to submit additional and indispensable information. They never responded despite being warned that failure to comply would lead to summary judgment.

Legal Principle(s)

The Tribunal identified a general principle of procedural law that the right to institute legal proceedings is based on a legitimate interest in initiating and maintaining legal action. Access to the court is denied to those who are obviously no longer interested in the proceedings they once instituted.

Outcome

Dismissed on merits

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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

Bimo and Bimo

Entity

Case Number(s)

Tribunal

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