UNDT/2016/105 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2016/105, Lackner

UNAT Held or UNDT Pronouncements

The application is now moot. The Applicant has essentially received the relief sought, as the decision has been rescinded and his claim is being reconsidered. On this matter, he could not have been granted greater relief by the Tribunal. Accordingly, the Tribunal exercises its power under art. 9 of the Tribunal’s Rules of Procedure to summarily dismiss the application, but noting that no decision has been made on its merits.

Decision Contested or Judgment Appealed

The Applicant contests a decision in respect of the amount of compensation for loss and damage to personal effects attributable to service, and also challenges UNAMA’s requirement that he sign its Release from Liability Form instead of the standard Undertaking and Assignment Form required by Administrative Instruction ST/AI/149/Rev.4.

Legal Principle(s)

A party may move for summary judgement when there is no dispute as to the material facts of the case and a party is entitled to judgement as a matter of law.

Outcome

Dismissed as not receivable

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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

Lackner

Entity

UNAMA

Case Number(s)

UNDT/GVA/2016/40

Tribunal

UNDT

Registry Location :

Geneva