UNDT/2011/206

UNDT/2011/206, Jitsamruay

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicant failed to provide any explanation to the Tribunal as to the reasons for filing the present application 25 calendar days after the email of 28 October 2011 and nine working days before the examination. The UNDT found that the urgency in the present matter was created by the Applicant, who did not act timeously in filing the present application with sufficient urgency.

Decision Contested or Judgment/Order Appealed

The Applicant submitted an application for suspension of action of the decision finding him ineligible to take the Young Professionals Program (“YPP”) examination on 7 December 2011

Legal Principle(s)

Nature of urgent proceedings: Parties approaching the Tribunal must do so on genuine urgency basis and with sufficient information for the Tribunal to, preferably, decide the matter on the papers before it. The proceedings are not meant to turn into a full hearing and an application may well stand or fall on its founding papers.Self-created urgency: The requirement of particular urgency will not be satisfied if the urgency was created or caused by the applicant. Urgency is relative and each case will turn on its own facts. If an applicant seeks the Tribunal’s assistance on urgent basis, she or he must come to the Tribunal at the first available opportunity, taking the particular circumstances of the case into account. The onus is on the applicant to demonstrate the particular urgency of the case and the timeliness of her or his actions. The Tribunal expects applicants to act timeously, taking into account the circumstances of the case, when filing applications seeking urgent relief.

Outcome

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

Jitsamruay

Entity

Case Number(s)

Tribunal

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