UNDT/2011/040, Amar
The impugned decision is grossly, patently, incurably and incontrovertibly unlawful. An order suspending the administrative decision pending management evaluation is bound to work injustice in the circumstances.The Application that gave rise to the proceedings and deliberations in this case clearly was brought under a wrong heading when it was filed as a suspension of action application. The Tribunal, in the present circumstances, must in the interest of justice move this matter to the cause list of applications on the merit and accordingly dispose of it fully and on the merits.Article 36 of the Tribunal’s Rules of Procedure confers the Tribunal with the power to deal with situations not expressly provided for in the said Rules and thereby fill in the gaps encountered in its daily operations. In invoking this power, the Tribunal has at all times the need to meet the ends of justice as its object.The Tribunal, in the present circumstances and in the interest of justice moves this matter to the cause list of applications on the merit and accordingly disposes of it fully and on the merits.
The Applicant is contesting the decision to place her on administrative leave pending an initial investigation of allegations of misconduct made against her.
N/A
The impugned decision is rescinded, voided and nullified.