UNDT/2011/212, Evangelista

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicant failed to satisfy the requirements of irreparable damage and particular urgency. The application for suspension of action was rejected.

Decision Contested or Judgment Appealed

The Applicant submitted an application for suspension of action, pending management evaluation, of the decision to require her to take a break in service after the expiration of her current contract on 31 December 2011 and prior to a new temporary appointment.

Legal Principle(s)

Irreparable damage: It is generally accepted that mere financial loss is not enough to satisfy the requirement of irreparable damage. Depending on the circumstances of the case, harm to professional reputation and career prospects, harm to health, or sudden loss of employment may constitute irreparable damage. For an application to be successful, there must be at least an averment of irreparable harm to the applicant.Urgency: Urgency is relative and each case will turn on its own facts, given the exceptional and extraordinary nature of such relief. If an applicant seeks the Tribunal’s assistance on an urgent basis, she or he must come to the Tribunal at the first available opportunity, taking the particular circumstances of her or his case into account. The onus is on the applicant to demonstrate the particular urgency of the case and the timeliness of her or his actions. The requirement of particular urgency will not be satisfied if the urgency was created or caused by the applicant.

Outcome

Dismissed on merits

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 Judgment

Applicants/ Appellants

Evangelista

Entity

Case Number(s)

Tribunal

Registry Location