117 (NY/2024), Herrera

UNAT Held or UNDT Pronouncements

As the Applicant filed the application before the Dispute Tribunal almost two months after the decision to include his name in the ClearCheck database was implemented, the application for suspension of action was therefore not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application under art. 2.2 of the Dispute Tribunal’s Statute and art. 13 of its Rules of Procedure requesting the Tribunal to suspend, pending management evaluation, the decision “to include [his] name in the ‘Clear Check Database’ for the misconduct of ‘sexual abuse and sexual harassment’”.

Legal Principle(s)

The Tribunal recalled that following the well-established jurisprudence of the Dispute Tribunal regarding art. 2.2 of the Dispute Tribunal’s Statute and art. 13.1 of the Rules of Procedure, if a contested decision has already been implemented, suspension of action cannot be granted. (See, for instance, Daskalova Order No. 104 (NY/2024); Stockholder Order No. 102 (NY/2024); Wambugu Order No. 80 (GVA/2024); Jocondo Order No. 71 (NBI/2024); Koura Order No. 55 (NBI/2022); Di Mario Order No. 92 (GVA/2019); Beda Order No. 113 (GVA/2018); Quesada Rafarasoa Order No. 20 (GVA/2013); Neault Order No. 6 (GVA/2011); and Abdalla Order No. 4 (GVA/2010)).

Outcome

Suspension of action denied

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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

Herrera

Entity

UNHCR

Case Number(s)

UNDT/NY/2024/048

Tribunal

UNDT

Registry

New York