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020 (NBI/2024)

020 (NBI/2024), Harjit Dhindsa

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Full order

UNAT Held or UNDT Pronouncements

In this case, the Management Advice and Evaluation Section had already issued a response to the Applicant’s 22 December 2023 request for management evaluation. There was no management evaluation pending and, consequently, one of the mandatory requirements for the examination of applications for suspension of action was not met. In view of the foregoing, the application for suspension of action pending management evaluation was dismissed as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant requested for suspension of the Respondent’s decisions to extend his placement on Special Leave With Full Pay as well as the recruitment for the Director Mission Support position which he encumbers.

Legal Principle(s)

The Tribunal is competent to suspend the implementation of a contested administrative decision during the pendency of management evaluation under art. 2.2 of its Statute and art. 13 of its Rules of Procedure but not when the management evaluation has been completed.

Outcome

Suspension of action denied

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.

Individual Party
Harjit Dhindsa
Entity
UNSOS
Case Number(s)
UNDT/NBI/2024/008 (Dhindsa, Harjit)
Tribunal
UNDT
Registry
Nairobi
Date of Order
Duty Judge
Judge Belle
Language of Order
English
Appeal Status
Appealed
Issuance Type
Order
Categories/Subcategories
Suspension of action
Interlocutory or interim appeal / Appeal of UNDT order to UNAT
Applicable Law
UNDT RoP
UNDT Statute