UNDT/2014/017

UNDT/2014/017, Hashimi

UNAT Held or UNDT Pronouncements

The application was withdrawn by the Applicant.

Decision Contested or Judgment/Order Appealed

The Applicant, a Senior Administrative Assistant, in the United Nations Assistance Mission in Afghanistan (“UNAMA”), filed an application contesting the decision made by the Chief, Human Resources Policy Services, Office of Human Resources Management (“OHRM”) and the AssistantSecretary General, OHRM, to: “withdraw the charges that have been levied under the qualification that no evaluation on the merits had taken place and the (implied) decision upon the withdrawal not to offer him compensation for moral damages as a result of the admitted wrongful act to charge”.

Legal Principle(s)

An application can be withdrawn orally or in writing, partially or entirely. The withdrawal request can refer either to the pending application (as a procedural act) or to the right to appeal itself. If an identical application is filed by the same applicant against the same party after he or she waived his/her right to appeal the matter, the exception of res judicata can be raised by the other party or ex officio by the court itself. Res judicata requires three cumulative elements: (1) same parties; (2) same object; and (3) same legal cause, and has both negative and positive effects: it is impeding the formulation of a new identical application and guarantees that it is not possible to rule differently in the same matter.

Outcome

Closed on withdrawal

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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

Hashimi

Entity

Case Number(s)

Tribunal

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