2016-UNAT-708

2016-UNAT-708, Finniss

UNAT Held or UNDT Pronouncements

UNAT held that the impugned Order ceased to have any legal effect when the management evaluation decision was issued. UNAT held that the issuance of the management evaluation had rendered the Order under appeal moot. UNAT dismissed the appeal in its entirety.

Decision Contested or Judgment/Order Appealed

The Applicant filed a request for suspension of action of the Secretary-General’s decision to select an alternative internal candidate for the position, for which the Applicant had applied. UNDT issued an Order suspending the selection decision pending management evaluation pursuant to Article 2. 2 of the UNDT Statute. The Secretary-General appealed. The Secretary-General later filed a “Motion for Consideration” requesting UNAT to determine whether the matter fell within the exception of the mootness doctrine.

Legal Principle(s)

In the UN system of administration of justice, UNAT was established to pass judgment on existing disputes, but not to give interpretations of the law where there are no disputes before it.

Outcome

Appeal dismissed on receivability

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Full Judgment

Applicants/Appellants

Finniss

Entity

Case Number(s)

Tribunal

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