Ģ��ƵDT/2013/075

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Following the Tribunal��s judgment on receivability (Judgment No. Ģ��ƵDT/2012/149) and inter partes discussions, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement or appeal. The Ģ��ƵDT stated in the judgment that, there no longer being any determination to make in view of the Applicant��s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application contesting the decision to dismiss her complaint against a superior for harassment and abuse of authority.

Legal Principle(s)

Finality of disputes: The desirability of finality of disputes in proceedings requires that a party should be able to raise a valid defence of res judicata which provides that a matter between the same persons, involving the same cause of action may not be adjudicated twice. Res judicata: Once a matter has been determined, parties should not be able to re-litigate the same issue. An issue, broadly speaking, is a matter of fact or question of law in a dispute between two or more parties which a court is called upon to decide and pronounce itself on in its judgment. The object of the res judicata rule is that ��there must be an end to litigation�� in order ��to ensure the stability of the judicial process�� (Meron 2012-Ģ��ƵAT-198).Judgment: Generally, a judgment involves a final determination of the proceedings or of a particular issue in those proceedings.

Outcome

Closed on withdrawal

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 Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT 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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