UNDT/2019/111

UNDT/2019/111, Da Silveira

UNAT Held or UNDT Pronouncements

The Tribunal held that the Application was moot and irreceivable. The Tribunal observed that it had acquired ex officio knowledge that the Applicant had been separated from service on the grounds of abandonment of post. The Tribunal acquired this knowledge from Case No. UNDT/NBI/2018/105 that was also filed by the Applicant. In the circumstance, the Applicant was no longer a staff member and her request to be transferred to a duty station where the supply of electricity was stable or to grant her an agreed termination of the appointment had been overtaken by subsequent events rendering the application moot.

Decision Contested or Judgment/Order Appealed

The Applicant contested two decisions, namely: a)The refusal by administration to transfer her to a duty station where the supply of electricity was stable and b)The refusal by administration to grant her an agreed termination of her appointment with indemnity due to harassment she had suffered.

Legal Principle(s)

Pursuant to the settled jurisprudence of the Tribunal, an application becomes moot insofar as either the matter is resolved in a manner consistent with the thrust of the application, for example, if the administration withdrew from the decision, or the claim was otherwise satisfied to the effect that there is no gravamen on the part of the applicant or the claim cannot be satisfied for objective reasons.

Outcome

Dismissed as not receivable

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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

Da Silveira

Entity

Case Number(s)

Tribunal

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