UNDT/2018/124

UNDT/2018/124, Camera

UNAT Held or UNDT Pronouncements

Since the Applicant withdrew his application, there is no longer a matter for adjudication and therefore the case is closed.

Decision Contested or Judgment Appealed

Decision of the Administration to reduce the Applicant’s contracted salary and the manner of the implementation of the Unified Salary Scale.

Legal Principle(s)

An application represents the materialization of an applicant’s right to appeal the contested decision. This is the first procedural act by which an applicant invests the Tribunal of dealing with the appeal. The whole procedural activity will take place within its limits and the application must be filed by the person who has the right to appeal the contested decision (ratione personae), within the applicable time limit (ratione temporis) and in front of the competent Tribunal (ratione loci). Consequently, to be legally valid, a request for the withdrawal of an application has to be formulated by the applicant and/or by his/her counsel and must consist of the unconditional expression of the applicant’s free will to close his/her case before a judgment is issued. An application can be withdrawn orally and/or in writing, partially or entirely. The withdrawal request can refer either to the pending application (as a procedural act) or to the right to appeal itself.

Outcome

Closed on withdrawal

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.

Full Judgment

Applicants/ Appellants

Camera

Entity

DSS

Case Number(s)

UNDT/NY/2017/025

Tribunal

UNDT

Registry Location :

New York