UNDT/2014/107

UNDT/2014/107, Terragnolo

UNAT Held or UNDT Pronouncements

The application was rejected and the Applicant was ordered to pay costs in the sum of USD 1,500 for abuse of process. On receivability: The absence of a response by the Office of Human Resources Management (OHRM), during a delay of ten working days between the Applicant’s request on 14 March 2014 to carry out an investigation and his request for management evaluation on 28 March 2014, could not reasonably and sensibly be considered as an implied unilateral decision. It could also not be construed as a failure to act promptly in accordance with ST/SGB/2008/5. There is no appealable administrative decision and the request for management evaluation was premature. On the Applicant’s conduct of proceedings: The Tribunal took note of the fact that the Applicant is no stranger to the Tribunal’s procedures, having filed five applications before the Dispute Tribunal and appealed four judgments before the United Nations Appeals Tribunal in the past 36 months. By no stretch of the imagination could he reasonably have construed the Appeals Tribunal’s case law as sanctioning the filing of a request for management evaluation, followed by a claim to the Tribunal, on the basis of an implied decision after a delay of only ten working days. The Applicant has filed a huge volume of unnecessary documents in support of a frivolous claim which has taken up time and resources that could have been expended in dealing with the cumulative backlog of cases. The Tribunal finds that the manner in which the Applicant has conducted these proceedings amounts to an abuse of process for which an order of costs under art. 10.6 of the Statute is appropriate.

Decision Contested or Judgment Appealed

The alleged “[f]ailure to investigate the administrative decision impugned in UNDT/NY/2014/045 under ST/SGB/2008/5”.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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