UNDT/2013/088, Mosha
Abuse of Process: Proceedings before the Tribunal are not the proper forum to advocate legal reform. Where the Tribunal determines that any applications before it are frivolous, vexatious and/or an abuse of the Court’s process, it will not hesitate to visit sanctions upon the offending party as provided for in the UNDT Statute. Vexatious Proceedings: An action may be held to be vexatious if it is obviously unsustainable, or frivolous, improper or instituted without sufficient ground to serve solely as an annoyance to the Respondent.
The Applicant challenged the decision to allegedly withhold her final emoluments and the delay by the Administration to submit her pension forms for a period of nine months after she tendered her notice of separation.
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The UNDT found that the Applicant’s deliberate refusal to request management evaluation was an expression of contempt for the applicable law and procedures necessary to access the Tribunal. The Applicant was held to have abused the process of the Tribunal and ordered to pay costs of USD 600.