UNDT/2014/032, Nielsen

UNAT Held or UNDT Pronouncements

The Tribunal considered that the Applicant as a party cannot file a motion for intervention in her own case, and that her request for intervention by the Tribunal in the rebuttal process is not receivable ratione materiae, thus leaving no legal ground for an interim measure.

Decision Contested or Judgment/Order Appealed

The Applicant filed a “motion for intervention”, requesting the Tribunal to intervene in the rebuttal process of her performance appraisal, followed by a motion for interim measures.

Legal Principle(s)

Receivability: It is not for the Tribunal to intervene in ongoing administrative procedures such as a rebuttal that is still pending. Summary judgment: A matter of law may be adjudicated even without serving the application to the Respondent for reply and even if it was not raised by the parties.

Outcome

Dismissed as not receivable

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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 judgment

Applicants/Appellants

Nielsen

Entity

UNFPA

Case Number(s)

UNDT/GVA/2014/10

Tribunal

UNDT

Registry

Geneva

Date of Judgement

21 Mar 2014

Duty Judge

Judge Laker

Language of Judgment

English

Issuance Type

Judgment

Categories/Subcategories

Administrative decision

Jurisdiction / receivability (UNDT or first instance)

Subject matter (ratione materiae)

Applicable Law

UNDT RoP

UNDT Statute