51ÁÔÆæ

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all UN staff members were to be ¡°considered first¡±, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a UN staff member and the applicant challenged the decision to appoint them. At around the time of the applicant¡¯s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

UNDT found that the Applicant, requested on two occasions to make the necessary corrections to her application, had failed to do so. UNDT dismissed the application finding that the Applicant is no longer interested in pursuing her case.

Since the Applicant received an extension of time and failed to submit an application, UNDT dismissed the matter for want of prosecution.

The application was withdrawn by the Applicant.

In accordance with article 18, paragraph 2, of its rules of procedure, the Tribunal may order the production of evidence for either party and the parties have to provide such evidence, even though they consider it to be confidential. According to article 18, paragraph 4, of its rules of procedure, it falls upon the Tribunal to assess the confidentiality of the evidence and, if it finds the evidence to be confidential, it is the Tribunal¡¯s responsibility to ensure that measures are taken to preserve such confidentiality. In the instant case, the Tribunal did not use the confidential documents...

In cases deemed suitable to be decided by summary judgment, usually an oral hearing is not necessary. In non-disciplinary cases, it is a matter of judicial discretion to hold an oral hearing or to abstain from it. The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending...

The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending UNAT cases only. They do not include the power to revise UNAT judgements. Cases closed by judgments of former UNAT are res iudicata.

The Tribunal cannot allow the Applicant¡¯s claim to continue to ¡°hang like the sword of Damocles¡± over the efficient operations of the Organization. The Applicant had failed to give instructions to his Counsel in respect of his Application. The Applicant¡¯s Counsel¡¯s responses show disregard for the directions from the Tribunal. The Applicant has not actively or diligently pursued his case.

On the basis that there had been no filing since the granting of the suspension of action, UNDT found there was no longer any matter for adjudication and the case was closed.

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.