¹ú²úAV

Res judicata: The Tribunal held that a request made to or a decision of MEU does not operate as an express or disguised form of res judicata. The principle of res judicata applies as a rule to judicial decisions. Thus, the Tribunal is not bound by the finding of MEU except for the limitation put on its judicial powers by having a suspension of action, which is a judicial order, lapse following a finding of MEU, which is strictly an administrative decision. Priority consideration: The Tribunal concluded that since the Applicant was found unsuitable for the post, the failure to consider his application for the post prior to the 30-day candidates did not vitiate the outcome of the selection process. Accordingly, the Applicant did not suffer any adverse legal consequences as a result of the failure to consider his application prior to the 30-day candidates.