014 (NBI/2025)

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014 (NBI/2025), Asya AEM

UNAT Held or UNDT Pronouncements

The Applicant failed to identify disputed facts for which the proposed testimony is relevant. Even assuming the facts as alleged by the Applicant regarding her future claims, it was clear that each decision would rise or fall on its own merits.

Directing the Applicant to file new claims in the case would cause undesirable delay in disposing of the case.

Decision Contested or Judgment/Order Appealed

The Applicant contests the 29 February 2024 decision of the Director of Administration, Resource Management and Service Development Division/ESCWA denying her request for “remote work”. In this motion, the Applicant requests a hearing and a leave to tender a written statement from her witness to "assist the Tribunal in having a better understanding of her case." The Applicant further indicated her intent to file challenges to two additional administrative decisons and requested guidance on how to file the two new applications.

Legal Principle(s)

The Tribunal does not give advice to parties appearing before it on how best to litigate their cases. Doing so would imperil the Tribunal’s role as an impartial adjudicator.

The Tribunal will not issue rulings or directions with respect to cases that have yet to be filed.

Outcome
Other motion granted in part

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 order
Individual Party
Asya AEM
Entity
ESCWA
Case Number(s)
UNDT/NBI/2024/060
Tribunal
UNDT
Registry
Nairobi
Date of Order
Duty Judge
Wallace
Language of Order
English
Issuance Type
Order
Categories/Subcategories
Case management
Procedure (first instance and UNAT)
Applicable Law
UNDT RoP