UNDT/2009/032 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2009/032, Koumoin

UNAT Held or UNDT Pronouncements

The Applicant filed a motion for interim measures requesting that the Tribunal order the Ethics Office to deliver recommendations on his case with respect to whistle-blowing retaliation; and to find a prima-facie violation of the Applicant’s due-process rights concerning the non-renewal of his fixed-term contract with UNDP. The Tribunal rejected the motion to order the Ethics Office to deliver its recommendations and decided that the alleged violation of the Applicant’s due process rights concerning the non-renewal of his fixed-term contract would be addressed during the review of the substantive appeal.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew his contract.

Legal Principle(s)

At any time during the proceedings, the Dispute Tribunal may order an interim measure to provide temporary relief, where the contested administrative decision appears prima facie to be unlawful, in cases of particular urgency, and where its implementation would cause irreparable damage. This temporary relief may include an order to suspend the implementation of the contested administrative decision, except in cases of appointment, promotion or termination”.

Outcome

Dismissed on merits

Outcome Extra Text

The application for interim measures was rejected.

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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

Koumoin

Entity

UNDP

Case Number(s)

UNDT/NBI/2009/34

Tribunal

UNDT

Registry Location :

Nairobi