2025-UNAT-1590

UNAT Held or UNDT Pronouncements

The UNAT disagreed with the UNDT��s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior UNDT case concerning ABE. The UNAT considered it clear that the issues before the UNDT had previously been decided by the Dispute Tribunal. The issue of alleged negligence in making medical referrals was therefore res judicata and should not have been considered again by the UNDT in the case on appeal. The UNAT thus agreed with the conclusion of the UNDT that ABE��s application was not receivable, but it came to this conclusion for different reasons.

The UNAT dismissed the appeal and affirmed the impugned Judgment for different reasons.

Decision Contested or Judgment/Order Appealed

Former staff member who served at the United Nations Mission in South Sudan (UNMISS) contested the denial of his claim in which he sought compensation for gross medical negligence by UNMISS.

In Judgment No. UNDT/2025/007 UNDT dismissed the application as not receivable for the following reasons: - (1) ABE��s claim of gross negligence against the Organization was not a stand-alone statutory cause of action; (ii) the 21 April 2024 e-mail referenced by ABE was not an administrative decision; and (iii) ABE had not filed a timely request for management evaluation.

The former staff member appealed.

Outcome

Appeal dismissed on merits

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Applicants/Appellants

ABE

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Tribunal

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Date of Judgement