UNDT/2009/081

UNDT/2009/081, Macharia

UNAT Held or UNDT Pronouncements

The Applicant sought a further extension of time on 16 October 2009 to file her substantive application after the Tribunal had previously granted her 21 days to do so. This extension expired on 16 October 2009. The Tribunal noted that: the Applicant’s Counsel had applied to withdraw from representing the Applicant for want of instructions; the request for extension was filed on the date of expiry of the previous Order, and moved the Tribunal for a further extension of 1 year; the Applicant alluded to “direct negotiations” being underway; “with the Respondent in this matter”, but failed to adduce any evidence to show that negotiations were in fact ongoing. The Tribunal concluded that the Applicant was neither ready nor willing to file and prosecute her substantive application and that it was an abuse of process for her to; indulge in frivolous and unending applications for extension of time when she was more inclined to ignore orders granted her in a previous application.

Decision Contested or Judgment Appealed

The Applicant contested the decision to summarily dismiss her from service

Legal Principle(s)

N/A

Outcome
Dismissed for want of prosecution/abandonment
Outcome Extra Text

The Tribunal refused the application for further extension of time and ordered that the matter should be struck out without prejudice.

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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.

Applicants/ Appellants
Macharia
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Tribunal
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