2020-UNAT-979 | SYSTEM OF ADMINISTRATION OF JUSTICE

2020-UNAT-979, Igunda

UNAT Held or UNDT Pronouncements

UNAT considered an appeal of Order No. 079. UNAT held that, regardless of whether UNDT may have committed an error of law, fact, or procedure, Article 2(2) of the UNDT Statute precluded an appeal to UNAT if UNDT acted within its jurisdiction or competence. UNAT held that UNDT acted within its jurisdiction or competence. UNAT held that the appeal was not receivable. UNAT dismissed the appeal and affirmed the UNDT Order.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew his fixed-term appointment beyond its expiration as a result of a retrenchment exercise and submitted an application for suspension of action. In Order No. 079 (NBI/2019), the UNDT declined to suspend the administrative decision on grounds that the impugned administrative decision was not prima facie unlawful.

Legal Principle(s)

Appeals of UNDT decisions on suspensions of action are only receivable before UNAT if UNDT, in the adjudication of such applications, clearly exceeded its jurisdiction or competence.

Outcome

Appeal dismissed on merits

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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

Igunda

Entity

MONUSCO

Case Number(s)

2019-1277

Tribunal

UNAT

Registry Location :

New York