2025-Ģ��ƵAT-1590

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT disagreed with the Ģ��ƵDT��s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior Ģ��ƵDT case concerning ABE. The Ģ��ƵAT considered it clear that the issues before the Ģ��ƵDT 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 Ģ��ƵDT in the case on appeal. The Ģ��ƵAT thus agreed with the conclusion of the Ģ��ƵDT that ABE��s application was not receivable, but it came to this conclusion for different reasons.

The Ģ��ƵAT 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 (Ģ��ƵMISS) contested the denial of his claim in which he sought compensation for gross medical negligence by Ģ��ƵMISS.

In Judgment No. Ģ��ƵDT/2025/007 Ģ��ƵDT 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

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

ABE

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Tribunal

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Date of Judgement