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UNDT/2020/208

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has to demonstrate to the Dispute Tribunal how his rights remained adversely affected by a decision which has been superseded and to show that he is suffering an injury because of that decision.

Outcome

Dismissed as not receivable

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.

Arvizu Trevino