007 (NBI/2024)

007 (NBI/2024), Jean-Joseph Henry

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Full order

UNAT Held or UNDT Pronouncements

1. The Tribunal noted that in sec. VI of his application form, the Applicant declared that he did not request management evaluation. Indeed, he did not file a copy of his management evaluation request with his application. The record showed that the Applicant was yet to request management evaluation of the decision he sought to have suspended. 2. The Tribunal recalled that applications filed pursuant to arts. 2.2 of the UNDT Statute and 13.1 of the Rules of Procedure must be predicated on a pending management evaluation. Consequently, since the Applicant had not requested management evaluation, his application for suspension of action pending management evaluation was dismissed as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant sought to suspend a decision which he described as “retroactive modification of his contractual status (duty station)”

Legal Principle(s)

Pursuant to the settled jurisprudence, an application for suspension of action, filed under art. 2.2 of the Tribunal's Statute, can only be considered when it is subject to an ongoing management evaluation.

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
Jean-Joseph Henry
Entity
UNSOS
Case Number(s)
UNDT/NBI/2024/003 (henry, jean-joseph)
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 RoP
UNDT Statute