UNDT/2014/016

UNAT Held or UNDT Pronouncements

The application was withdrawn by the Applicant.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application on the merits together with 17 annexes contesting ��the decision to re-open the investigation into alleged misconduct whilst he had been charged for the same misconduct, which charges had been withdrawn under the unlawful qualification without prejudice and the decision that during this reopened investigation [he] is not entitled to the assistance of counsel when he will be interviewed as a subject��.

Legal Principle(s)

An application can be withdrawn orally and/or in writing, partially or entirely. The withdrawal request can refer either to the pending application (as a procedural act) or to the right to appeal itself. If an identical application is filed by the same applicant against the same party after s/he waived his/her right to appeal the matter, the exception of res judicata can be raised by the other party or ex officio by the court itself. Res judicata requires three cumulative elements: (1) same parties; (2) same object; and (3) same legal cause, and has both negative and positive effects: it is impeding the formulation of a new identical application and guarantees that it is not possible to rule differently in the same matter.

Outcome

Closed on withdrawal

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.

Applicants/Appellants

Hashimi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement