2014-UNAT-413 | SYSTEM OF ADMINISTRATION OF JUSTICE

2014-UNAT-413, Oummih

UNAT Held or UNDT Pronouncements

Noting that it had received a Motion to Withdraw, UNAT granted the motion. UNAT held that, the appeal having been withdrawn, the UNDT judgment remained in force.

Decision Contested or Judgment Appealed

The Applicant contested the decisions: 1) to issue a written reprimand; 2) to place a warning on her Official Status File (OSF); and 3) to refuse her legal assistance. UNDT found unnecessary to rule on the lawfulness of the reprimand, which had been withdrawn, and in relation to which the Applicant showed no compensable harm. UNDT found that the Applicant could not show moral or material damages from the written reprimand having been on her OSF for a period of just over one month. With respect to the refusal of the Office of Administration of Justice (OAJ) to provide legal assistance, UNDT noted that OAJ had indicated the written reprimand was lawful. UNDT concluded that OAJ was entitled to refuse her legal assistance from OSLA, given the inherent conflict of interest posed by her application against a decision emanating from the Chief of the Office of Staff Legal Assistance.

Legal Principle(s)

An Appellant may withdraw his or her appeal simply by giving notice; the request need not be justified.

Outcome

Closed on withdrawal

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Oummih

Entity

OAJ

Case Number(s)

2013-464

Tribunal

UNAT

Registry Location :

New York