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UNDT/2010/164

UNAT Held or UNDT Pronouncements

As the matter had been formally, although mistakenly, transferred to the UNDT in Nairobi and is registered in its records, it is appropriate to issue an order striking out the case so that this matter is formally closed on the court’s docket and is properly recorded as such. UNDT ordered that the application be struck out.

Decision Contested or Judgment/Order Appealed

This case was transferred from the United Nations Administrative Tribunal (UNAT) to the United Nations Dispute Tribunal in Nairobi on 1 January 2010 pursuant to the provisions of section IV, paragraph 45 of United Nations General Assembly Resolution 63/253 and section 4 of ST/SGB/2009/11 on Transitional Measures Related to the Introduction of the New System of Administration of Justice. It then came to the attention of the Tribunal that this case was decided by UNAT on 23 December 2009 in Judgment No. 1483 (AT/DEC/1483), where the Administrative Tribunal found in favour of the Applicant and ordered the payment of two months’ net base salary, with interest, as compensation for the violation of his due process rights.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

Outcome Extra Text

The case was struck out.

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.

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