014 (NBI/2024)

014 (NBI/2024), Jayne Kimani

View this page as PDF
Full order

UNAT Held or UNDT Pronouncements

In this case, the Management Evaluation Unit had already determined that the Applicant’s request for a management evaluation was time-barred and was therefore not receivable. As there was no management evaluation pending and, consequently, one of the mandatory requirements for the examination of applications for suspension of action was not met. Additionally, pursuant to art. 8.3 of its Statute, the Dispute Tribunal shall not suspend or waive the deadlines for management evaluation.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application requesting, under art. 2.2 of the Dispute Tribunal’s Statute and art. 13 of its Rules of Procedure, the suspension, pending management evaluation, of the decision to make salary deductions from February 2022.

Legal Principle(s)

Art. 2.2 of the Tribunal’s Statute provides that the Tribunal shall be competent to suspend the implementation of a contested administrative decision during the pendency of management evaluation where the decision appears prima facie to be unlawful, in case of particular urgency, and where its implementation would cause irreparable damage.

Outcome

Suspension of action denied

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.

Individual Party
Jayne Kimani
Entity
UNEP
Case Number(s)
UNDT/NBI/2024/006 (Kimani, Jayne)
Tribunal
UNDT
Registry
Nairobi
Date of Order
Duty Judge
Judge Belle
Language of Order
English
Appeal Status
Appealed
Issuance Type
Order
Categories/Subcategories
Suspension of action
Interlocutory or interim appeal / Appeal of UNDT order to UNAT
Applicable Law
UNDT Statute