UNDT/2013/047 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/047, Khisa

UNAT Held or UNDT Pronouncements

Failure to file a reply: The Tribunal held that when a Reply is due in accordance with art. 10.1 of the UNDT Rules, the Respondent is required to comply with his obligation. He may not choose to file a Motion to have receivability considered as a preliminary issue or any other motion in lieu of his Reply. Subsequently, the only available remedy for the Respondent who fails to file a reply within the prescribed timeline is to seek leave of the Tribunal to be entitled to take part in the proceedings. Summary judgment: Noting that under art. 19 of the UNDT Rules, a party is entitled to judgment as a matter of law only where the material facts of a case are not in dispute, the Tribunal held that summary judgment was appropriate in this case in light of the fact that the Respondent failed to submit a reply on the merits and as such, there was no dispute as to the material facts. The Tribunal was therefore entitled to rely solely on the Applicant’s pleadings in reaching its final decision.

Decision Contested or Judgment Appealed

The Applicant contested the decision to evict her from her United Nations provided accommodation in Torit.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

In light of the Tribunal’s conclusion that the Applicant’s due process and human rights were violated by UNMISS Administration and due to the egregiousness of the violation, the Respondent is ordered to pay the Applicant six months net base salary, at the rate applicable as of the date of this judgment, as compensation.

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

Khisa

Entity

UNMISS

Case Number(s)

UNDT/NBI/2012/1

Tribunal

UNDT

Registry Location :

Nairobi