009 (NY/2024)

��AT Held or ��DT Pronouncements

The Tribunal reviewed the supporting documents filed by the Applicant and understood that she was facing personal circumstances that affected her ability to review court documents and prepare submissions as a self-represented Applicant. The Tribunal was also mindful of the Applicant��s right of access to the internal system of justice. At the same time, the Tribunal could not continue extending routine filing deadlines and delay the proceedings indefinitely.

The Tribunal considered that the interests of justice, including those of both parties, obliged it to adjudicate the case as expeditiously as possible and use its limited resources most efficiently.

Decision Contested or Judgment/Order Appealed

The Applicant contested the non-renewal of her fixed-term appointment on the (alleged) grounds of poor performance.

Legal Principle(s)

The Dispute Tribunal has on several occasions enunciated ��a general principle of procedural law that the right to institute legal proceedings is predicated upon the condition that the person using this right has a legitimate interest in initiating and maintaining legal action. Access to the court has to be denied to those who are no longer interested in the proceedings they instituted��. (Saab-Mekkour ��DT/2010/047, para. 6. See also Bimo & Bimo ��DT/2009/061, Hastopali & Stiplasek ��DT/2009/062; Moussa ��DT/2010/029; and Zhang-Osmancevic ��DT/2015/034).

Outcome

Other motion granted

Outcome Extra Text

The Tribunal considered that the interests of justice, including those of both parties, obliged it to adjudicate the case as expeditiously as possible and use its limited resources most efficiently.

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 ��DT Statute and Article 11(3) of the ��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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