UNDT/2012/127 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/127, Rafii

UNAT Held or UNDT Pronouncements

In view of the Applicant’s submission, the case was found moot and the application was dismissed. The Applicant alleged that UNAMA reneged on an undertaking made in her previous application for suspension of action in May 2012, thus frustrating her temporary engagement. The Respondent submitted that the Administration had no objections to the Applicant going on a non-reimbursable loan, and that successful efforts were made to find the Applicant a temporary assignment with the United Nations Integrated Mission in Timor-Leste (“UNMIT”). The Applicant subsequently filed a submission informing the Tribunal that she would take the temporary appointment with UNMIT in order “to fulfil [her] legal obligation to mitigate damages”. She confirmed that she would not be pursuing the present application for suspension of action but would preserve her right to pursue other remedies.

Decision Contested or Judgment Appealed

The Applicant sought suspension of action, pending management evaluation, of the alleged decision by the United Nations Assistance Mission in Afghanistan (“UNAMA”) not to allow her to be employed in another office on a non-reimbursable loan.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Rafii

Entity

UNAMA

Case Number(s)

UNDT/NY/2012/127

Tribunal

UNDT

Registry Location :

New York