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UNDT/2020/085

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UNDT/2020/085, Bassey

UNAT Held or UNDT Pronouncements

The decision not to renew the Applicant’s appointment beyond 15 January 2020 was superseded by subsequent decisions that resulted in the Applicant’s appointment being renewed to June 2020. Other than alleging that bias and an abuse of authority led to the superseded decision, the Applicant failed to demonstrate to the Tribunal how his rights remained adversely affected by the contested decision.

Decision Contested or Judgment/Order Appealed

The Applicant contested the non-renewal of his fixed-term appointment and separation from the Organization effective 15 January 2020.

Legal Principle(s)

A judicial decision will be moot if any remedy issued would have no concrete effect because it would be purely academic or events subsequent to joining issue have deprived the proposed resolution of the dispute of practical significance thus, placing the matter beyond the law. There is no longer an actual controversy between the parties and there is no possibility of any ruling having an actual, real effect.

Outcome
Dismissed as not receivable
Outcome Extra Text

The Tribunal found the application moot and dismissed it in its entirety.

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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
Bassey
Entity
MONUSCO
Case Number(s)
UNDT/NBI/2020/028
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Judge(s)
Judge Tibulya
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Investigation
Non-renewal
Reassignment or transfer
Separation from service