2015-UNAT-604 | SYSTEM OF ADMINISTRATION OF JUSTICE

2015-UNAT-604, Ocokoru

UNAT Held or UNDT Pronouncements

The issue for determination by UNAT was whether the relevant date for the filing of the Secretary-General’s appeal ran from the date on which the ALS received the UNDT judgment in its capacity as counsel of record for the Secretary-General before UNDT or the date on which the judgment was received by the OLA, the Secretary-General’s counsel of record before UNAT. UNAT held that in the absence of any published UNDT rule or practice direction which decreed that transmission of UNDT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the judgment was received by OLA. UNAT consequently dismissed the appeal as time-barred and not receivable.

Decision Contested or Judgment Appealed

The Applicant contested the decision to abolish her post with the UN Mission in South Sudan (UNMISS). UNDT ordered the recission of the administrative decision to separate her from service and her reinstatement, or in-lieu compensation. UNDT also awarded compensation for the procedural and substantive irregularities.

Legal Principle(s)

The relevant date for the filing of the Secretary-General’s appeal of a UNDT judgment runs from the date the judgment was received by the Secretary-General, no matter whether the judgment was received by ALS (as counsel for the Secretary-General before UNDT) or OLA (as counsel for the Secretary-General before UNAT).

Outcome

Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Ocokoru

Entity

UNMIS

Case Number(s)

2015-703

Tribunal

UNAT

Registry Location :

New York