UNDT/2010/023 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2010/023, Lesar

UNAT Held or UNDT Pronouncements

In cases deemed suitable to be decided by summary judgment, usually an oral hearing is not necessary. In non-disciplinary cases, it is a matter of judicial discretion to hold an oral hearing or to abstain from it. The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending UNAT cases only. Cases closed by judgments of former UNAT are res iudicata.

Decision Contested or Judgment Appealed

The Applicant filed an application with former UNAT in 2006. On 31 July 2009, former UNAT issued a judgement rejecting his application in its entirety. On 6 November 2009, his counsel discovered a memorandum in the Applicant’s OSF which he considered illegal. On 30 November 2009, the Applicant filed an application with UNDT, alleging that the judgement of former UNAT would have been different if the existence of the memorandum had been known. He also requested an oral hearing.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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.

Full Judgment

Applicants/ Appellants

Lesar

Entity

UNMIK

Case Number(s)

UNDT/GVA/2009/097

Tribunal

UNDT

Registry Location :

Geneva