UNDT/2019/122

UNDT/2019/122, Mwetaminwa

View this page as PDF
Full judgment

UNAT Held or UNDT Pronouncements

The Tribunal refused to entertain the application. It found that the Applicant had submitted a most confused and inarticulate application. The application had many flaws. The Tribunal, therefore, determined that a summary judgment was appropriate and the application was accordingly refused.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision by MONUSCO to abolish his post and dry cut his fixed-term appointment.

Legal Principle(s)

Pursuant to art. 9 of the UNDT Rules of Procedure, a party may move for summary judgment when there is no dispute as to the material facts of the case and a party is entitled to the judgment as a matter of law. The Dispute Tribunal may determine, on its own initiative, that summary judgment is appropriate.

Outcome

Dismissed as not receivable

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.

Applicants/Appellants
Mwetaminwa
Entity
MONUSCO
Case Number(s)
UNDT/NBI/2019/093
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Izuako
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Separation from service
Applicable Law
UNDT RoP