UNDT/2021/155, Elien
UNAT Held or UNDT Pronouncements
The Applicant is no longer interested in the pursuit and outcome of these legal proceedings, which must therefore be deemed to have been abandoned, and this matter therefore stands to be dismissed for want of prosecution.
Decision Contested or Judgment/Order Appealed
Imposition of a disciplinary sanction of dismissal.
Legal Principle(s)
The right to institute and pursue legal proceedings is predicated upon the condition that the person exercising this right has a legitimate interest in initiating and maintaining legal action and that access to the Dispute Tribunal has to be denied to those, who are no longer in need of judicial remedy or no longer interested in the proceedings. Great care needs to be taken in exercising this power, and an application may not be dismissed without evidence that an applicant has failed to meet his obligations.