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086 (NY/2024)

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086 (NY/2024), Sinha

UNAT Held or UNDT Pronouncements

The Tribunal ordered the parties to produce consolidated lists of agreed and disputed facts to enable it understand the factual issues at stake.

The Tribunal also ordered the parties to indicate what additional documentaton they requested to be disclosed, and the identities of any witnesses they wished to call, specifying what disputed facts the witnesses would testify about.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate her from service with compensation in lieu of notice and without termination indemnity.

Legal Principle(s)

The Appeals Tribunal has held that the Dispute Tribunal is not to make its own factual findings if the parties have agreed on certain facts (see Ogorodnikov 2015-UNAT-549, para. 28).

Outcome
Other procedural decision without a motion

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.

Full order
Individual Party
Sinha
Entity
UNDP
Case Number(s)
UNDT/NY/2024/020
Tribunal
UNDT
Registry
New York
Date of Order
Duty Judge
Judge Adda
Language of Order
English
Issuance Type
Order
Categories/Subcategories
Separation from service
Applicable Law
UNDT RoP
UNDT Statute
Related Judgments and Orders
2015-UNAT-549
2019-UNAT-929
2019-UNAT-931
2019-UNAT-918
2019-UNAT-976