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UNDT/2010/183

UNDT/2010/183, Andati-Amwayi

UNAT Held or UNDT Pronouncements

The Tribunal is not seized of an intelligible application. The applicant has failed to identify the impugned administrative decision or decisions for which he is seeking relief. He has also failed to identify any steps taken by him to seek administrative review of the impugned administrative decisions. The Tribunal therefore has no jurisdiction pursuant to Article 2 (1) (a) and Article 8(1) of the Statute of the UNDT or the equivalent provisions of the Statute of the former UN Administrative Tribunal to consider the application. Second, the applicant has failed to comply with two orders of the Tribunal. The first response was both informal and inadequate, the second, non existent. In spite of being afforded the opportunity, the applicant has failed to provide the Tribunal with material from which it can adjudicate his case. On the face of the documents filed, it is not receivable pursuant to Article 2 of the UNDT Statute. In addition, the repeated failure to comply with the orders of the Tribunal disqualifies the applicant from prosecuting his application. The Tribunal ordered that the matter be struck out.

Decision Contested or Judgment/Order Appealed

The applicant appealed to the former United Nations Administrative Tribunal against the recommendations of the Nairobi Joint Appeals Board (JAB) to the Secretary-General (SG) in his case. The appeal was transferred to UNDT.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

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Applicants/Appellants
Andati-Amwayi
Entity
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type