2010-UNAT-054, Atogo

UNAT Held or UNDT Pronouncements

UNAT preliminarily rejected the request for an oral hearing since there was no need for further clarification. UNAT held that the appeal was not receivable for not being filed against a final judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant requested UNDT to strike out the Secretary-General’s response to his application and to enter a summary judgment in his favour. Alternatively, the Applicant requested the transfer of his case to UNDT Geneva or New York. By Order No. 028, UNDT rejected the request to strike out the Secretary-General’s response.

Legal Principle(s)

In Bertucci (judgment No. 2010-UNAT-062), UNAT held that, as a general rule, only appeals against final judgments are receivable.

Outcome

Appeal dismissed on merits

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Full Judgment

Applicants/ Appellants

Atogo

Entity

UNON

Case Number(s)

2010-058

Tribunal

UNAT

Registry Location :

New York