The Tribunal cannot consider a hypothetical scenario concerning which there is no instant case or controversy before the Tribunal. The Tribunal rejected the request for interpretation noting that the decision was clear and unambiguous and considered the Applicant’s request to, in essence, be requesting the Tribunal to address a hypothetical future scenario.
The irregularities in the investigative process were egregious and warranted compensation. In addition, during the three years the investigation was delayed, the subject was no longer with the Organization, making it not possible to convene a new investigation.Relief: The Tribunal found the Applicant suffered emotional harm in having to prosecute his complaint for three years, harm to his reputation, and that such harm was demonstrated by the Applicant at trial and observed by the Judge as trier of fact. The UNDT found the decision of the responsible official to close the case was improper as...
The UNDT found that the Administration’s failure to timey conclude its investigation was an act of omission and an implied administrative decision receivable by the UNDT. The personal crisis of one investigator did not account for the entire three years nor justify the Administration’s failure to take corrective measures to control the delay. The excessive delay breached fairness and the Applicant’s due process rights. Further, the Administrations’ failure to respond to the Applicant’s multiple reasonable follow up queries spanning three years constituted a breach of duty owed the Applicant...
Staff rule 4.7(a) and (b) has a limited and express area of application as established in staff rule 4.7(c) and that, per a contrario, a person who is the father, mother, son, daughter, brother or sister of a staff member and who applied to a post, was considered and was selected through a competitive selection process as being the best candidate, can be assigned to any post, including in the same department/unit which is not superior or subordinate in the line of authority to the staff member to whom s/he is related. Staff rule 4.7(c), by establishing that the posts which are superior or...
The application is not receivable. The Applicant, as a staff member at the relevant time period, had a right to be fully and fairly considered as part of the terms of his former employment. Since the Applicant decided not to apply for JO 41653 in the belief that the post in question would be abolished according to the budget proposal for OICT, the question is whether he is entitled to a review of the contested decision despite his decision not to apply for the job opening. It is not disputed that the budget proposal for OICT was not adopted at the time of the publication and closing of JO...
In the absence of any arguable point of law and given the binding rulings of the Appeals Tribunal in Lloret-Alcaniz et al. 2018-UNAT-840, Quijano-Evans et al. 2018-UNAT-841 and Mirella et al. 2018-UNAT-842, the claim is dismissed.
As the Applicant withdrew claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.
As the Applicant withdrew claim, there was no longer a matter for judicial consideration and determination and therefore the case is closed.
Since the Applicant withdrew the case, it is therefore closed.
There being no matter for adjudication the case was closed.
