UNDT/2024/052 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2024/052, Baderhakuguma

UNAT Held or UNDT Pronouncements

The Tribunal observed that as reflected in the documents on record, the Applicant filed his application on 21 June 2024, but requested management evaluation on 16 August 2024. Furthermore, at the time the Tribunal issued the judgment, the management evaluation response period was still running. It was thus clear that the Applicant filed his application prematurely. Accordingly, the application was rejected as irreceivable. The Tribunal, however, informed the Applicant that he was free to file a new application on the merits, if submitted within the prescribed statutory timelines.

Decision Contested or Judgment Appealed

The Applicant contested what he termed as a decision not to provide him medical insurance coverage notwithstanding the closure of the investigation of possible misconduct of medical fraud against him.

Legal Principle(s)

Pursuant to the settled jurisprudence, in absence of a request for management evaluation, the Dispute Tribunal, may not consider the merits of a case.

Outcome

Dismissed as not receivable

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

Baderhakuguma

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2024/041

Tribunal

UNDT

Registry Location :

Nairobi