UNAT Held or UNDT Pronouncements
The application is moot as the underlying contested decision in this case has been reversed.
Decision Contested or Judgment/Order Appealed
Correspondence from the Secretary of the Advisory Board on Compensation Claims (“ABCC”) advising the Applicant that his claim for compensation under Appendix D to the Staff Rules (“Appendix D”) was not receivable.
Legal Principle(s)
In cases where the Administration rescinds the contested decision during the proceedings, the applicant’s allegations may be moot unless the applicant can prove that he or she still sustains an injury for which the Tribunal can award relief. An applicant has to demonstrate to the Dispute Tribunal how his rights remained adversely affected by a decision which has been superseded and to show that he is suffering an injury because of that decision.