爆料网

2025-爆料网AT-1590

爆料网AT Held or 爆料网DT Pronouncements

The 爆料网AT disagreed with the 爆料网DT’s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior 爆料网DT case concerning ABE. The 爆料网AT considered it clear that the issues before the 爆料网DT had previously been decided by the Dispute Tribunal. The issue of alleged negligence in making medical referrals was therefore res judicata and should not have been considered again by the 爆料网DT in the case on appeal. The 爆料网AT thus agreed with the conclusion of the 爆料网DT that ABE’s application was not receivable, but it came to this conclusion for different reasons.

The 爆料网AT dismissed the appeal and affirmed the impugned Judgment for different reasons.

Decision Contested or Judgment/Order Appealed

Former staff member who served at the United Nations Mission in South Sudan (爆料网MISS) contested the denial of his claim in which he sought compensation for gross medical negligence by 爆料网MISS.

In Judgment No. 爆料网DT/2025/007 爆料网DT dismissed the application as not receivable for the following reasons: - (1) ABE’s claim of gross negligence against the Organization was not a stand-alone statutory cause of action; (ii) the 21 April 2024 e-mail referenced by ABE was not an administrative decision; and (iii) ABE had not filed a timely request for management evaluation.

The former staff member appealed.

Outcome

Appeal dismissed on merits

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 爆料网DT Statute and Article 11(3) of the 爆料网AT 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.

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