Ãå±±½ûµØ

UNDT/2014/003

UNDT/2014/003, Onana

UNAT Held or UNDT Pronouncements

Res judicata: The Tribunal held that a request made to or a decision of MEU does not operate as an express or disguised form of res judicata. The principle of res judicata applies as a rule to judicial decisions. Thus, the Tribunal is not bound by the finding of MEU except for the limitation put on its judicial powers by having a suspension of action, which is a judicial order, lapse following a finding of MEU, which is strictly an administrative decision. Priority consideration: The Tribunal concluded that since the Applicant was found unsuitable for the post, the failure to consider his application for the post prior to the 30-day candidates did not vitiate the outcome of the selection process. Accordingly, the Applicant did not suffer any adverse legal consequences as a result of the failure to consider his application prior to the 30-day candidates.

Decision Contested or Judgment Appealed

The Applicant filed 2 applications contesting his non-selection for the post of Document Control Assistant and the failure to inform him of the selection decision in a timely manner.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

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.