UNDT/2013/088

UNDT/2013/088, Mosha

UNAT Held or UNDT Pronouncements

Abuse of Process: Proceedings before the Tribunal are not the proper forum to advocate legal reform. Where the Tribunal determines that any applications before it are frivolous, vexatious and/or an abuse of the Court’s process, it will not hesitate to visit sanctions upon the offending party as provided for in the UNDT Statute. Vexatious Proceedings: An action may be held to be vexatious if it is obviously unsustainable, or frivolous, improper or instituted without sufficient ground to serve solely as an annoyance to the Respondent.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision to allegedly withhold her final emoluments and the delay by the Administration to submit her pension forms for a period of nine months after she tendered her notice of separation.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

Outcome Extra Text

The UNDT found that the Applicant’s deliberate refusal to request management evaluation was an expression of contempt for the applicable law and procedures necessary to access the Tribunal. The Applicant was held to have abused the process of the Tribunal and ordered to pay costs of USD 600.

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

Mosha

Entity

ICTR

Case Number(s)

UNDT/NBI/2012/36

Tribunal

UNDT

Registry

Nairobi

Date of Judgement

19 Jun 2013

Duty Judge

Judge Izuako

Language of Judgment

English

Issuance Type

Judgment

Categories/Subcategories

Abuse of process before UNDT/UNAT

Jurisdiction / receivability (UNDT or first instance)

Management Evaluation

Applicable Law

Staff Rules

UNDT Statute

Article 10.6

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