UNDT/2013/001 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/001, Khisa

UNAT Held or UNDT Pronouncements

Premature filing of an Application: The Tribunal held that there is no rule that requires the Tribunal to wait for the action or inaction of the MEU before assuming jurisdiction in a case. The Tribunal held that it would not be in the interest of justice to reject applications indiscriminately solely on the basis that they were filed prematurely without taking into consideration the particular and/or exceptional circumstances that may exist in each of case.

Decision Contested or Judgment Appealed

The Applicant contested the decision to evict her from her United Nations provided accommodation in Torit on 11 November 2012. The Respondent submitted that the application was not receivable ratione materiae, ratione temporis and that the Application had been filed with the Tribunal prematurely i.e. two before the expiry of the management evaluation response period.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

UNDT held that the application was 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

Khisa

Entity

Case Number(s)

Tribunal

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