UNDT/2014/003, Onana
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.
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.
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