UNDT/2022/068, Turk
The Tribunal held that the two applications filed concerned the same subject-matter and the same cause of action between the same parties. There was in substance one administrative decision refusing to renew a fixed-term appointment and the first application was lis pendens when the second application was made. The Tribunal further held that the Applicant had acknowledged the same in his motion to merge the two cases and orally during a case management discussion held on 6 July 2022. The Tribunal determined that there was no case for merger and that the application was not receivable under the doctrine of lis pendens.
On 7 January 2022, the Applicant filed an application contesting the decision to not renew his fixed-term appointment (“FTA”) beyond its expiration date of 31 December 2021.That case was registered as Case No. UNDT/NBI/2022/006. On 3 March 2022 he filed the present application, registered as Case No. UNDT/NBI/2022/025, in which he challenged what he described as the non-renewal of his FTA in violation of ST/AI/1998/9 (System for the classification of posts). .