2025-UNAT-1525, Abdurrahman Turk
UNAT Held or UNDT Pronouncements
The UNAT found that the staff member had filed his appeal more than a year after the issuance of the UNDT Judgment and even if he had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred and not receivable ratione temporis.
The UNAT nevertheless noted that the staff member’s application filed with the UNDT was not receivable under the doctrine of res judicata because the UNAT had already affirmed in its earlier judgment a UNDT judgment deciding his challenge to the same administrative decision.
The UNAT found that the staff member sought to re-litigate his arguments and had thereby manifestly abused the judicial process.
The UNAT further noted that the UNDT had made no error in finding that the staff member’s first application was lis pendens when his second application was made.
The UNAT dismissed the appeal.
Decision Contested or Judgment/Order Appealed
A former staff member contested a decision not to renew his fixed-term appointment.
In Judgment No. UNDT/2022/068, the UNDT dismissed the application as not receivable.
The staff member appealed.
Legal Principle(s)
The doctrine of res judicata means that an application is not receivable ratione materiae when the matter has been resolved by a prior final judgment. Res judicata signifies that the same cause of action cannot be adjudicated twice.