010 (NBI/2024)

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010 (NBI/2024), Nelson Mutsoli

UNAT Held or UNDT Pronouncements

The Court held that the application was not admissible because none of the elements that justified a stay of action were present.

The Court held that the administrative measure was moot and inadmissible because the contested administrative measure had been explained and an additional step had been taken to eliminate any possibility of prejudice to the appeal.

Decision Contested or Judgment/Order Appealed

The applicant requested that the execution of the decision of the Entebbe Regional Service Centre to recover his scholarship advance for the 2022-2023 academic year in the amount of USD 31,890.40 and to overpay his salary be suspended pending management's assessment.

Legal Principle(s)

For a suspension order to be issued, it must be found that the administrative decision appears unlawful, is particularly urgent and that the execution of the contested decision would cause irreparable harm. These three findings must be met.

Outcome
Suspension of action denied
Outcome Extra Text

The Court held that the administrative measure was moot because the contested administrative measure had been explained and an additional step had been taken to eliminate any possibility of prejudice to the appeal.

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.

Full order
Individual Party
Nelson Mutsoli
Entity
MINUSCA
Case Number(s)
UNDT/NBI/2024/001
Tribunal
UNDT
Registry
Nairobi
Date of Order
Duty Judge
Belle
Language of Order
French
Issuance Type
Order
Categories/Subcategories
Other
Applicable Law
UNDT RoP
UNDT Statute