UNAT Held or UNDT Pronouncements

The UNAT, by the rationale applicable to appeals and specific claims, allowed the staff member to withdraw the earlier motion without justification. The UNAT granted the motion to withdraw the motion to increase the page limit of the appeal brief.

Decision Contested or Judgment/Order Appealed

The UNDT issued Judgment No. UNDT/2024/057. The Secretary-General filed a motion requesting to increase the page limit of the appeal brief. Subsequently, the Secretary-General filed a motion to withdraw the earlier motion to increase the page limit, and submitted the appeal.

Legal Principle(s)

A party may withdraw an appeal simply by giving notice and need not necessarily provide further justification and may withdraw a specific claim raised on appeal. The same rationale applies to a party’s withdrawal of a motion.

Outcome

Other motion granted

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

Miriam Kiingi

Entity

UNHCR

Case Number(s)

2024-1957 (Secretary-General of the United Nations)

Tribunal

UNAT

Registry

New York

Date of Order