UNDT/2017/072 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2017/072, Kataye

UNAT Held or UNDT Pronouncements

No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.

Decision Contested or Judgment Appealed

The Applicant, a Personal Assistant at the FS-5 level with the United Nations Interim Security Force for Abyei (“UNISFA”) contested the 27 December 2015 and 23 March 2016 decisions to reassign her to other functions in UNISFA. The Tribunal found the 27 December 2015 decision to not be receivable rationae temporis as the application was not filed mandatory 90-day deadline for filing an application before the Dispute Tribunal. The Tribunal found the 23 March 2016 decision to temporarily move the Applicant to the Training Unit to be receivable and found the decision to be unlawful because the decision had expired prior to the date it was implemented (5 July 2016) and extended until the end of June 2017. The Tribunal found that the Administration unlawfully implemented the decision on 5 July 2016 and granted the Applicant’s appeal against the 23 March 2016 decision in part, ordering the Respondent to pay the amount of USD2,250 to the Applicant as compensation for emotional distress caused by the unlawful implementation and extension of the 23 March 2016 decision.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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

Kataye

Entity

Other peacekeeping mission

Case Number(s)

UNDT/NY/2016/64

Tribunal

UNDT

Registry Location :

New York