Â鶹APP

In accordance with staff rule 7.6(e), the Applicant¡¯s official departure date from Vienna was on Sunday, 14 March 2010, a non-working day in Vienna. Pursuant to section 5.2 of ST/AI/2006/4, had he departed on that date, he would not have been entitled to an additional day of annual leave to compensate for official travel on a non-working day. The fact that the Applicant chose to travel on a working day for reasons of personal convenience shall not have the effect of granting him a benefit to which he would not have been entitled had he travelled on the official date of travel.

The application was withdrawn by the Applicant in light of the amicable resolution of the matter.

When reviewing the conditions set out in Article 13 of the RoP, the Tribunal considered whether, in the light of the allegation of non-performance, the proper procedure relating to performance and e-PAS had been followed. It found that the decision was prima facie unlawful because the Respondent did not thoroughly follow its own rules and/or practices (a) by deciding not to renew the Applicant¡¯s appointment without allowing the rebuttal process to be completed, and (b) by its failure to ensure a timely implementation of the 2010-2011 e- PAS.

The application was withdrawn by the Applicant.

The Respondent submitted, inter alia, that the present application was time-barred as it was not filed within 90 days from the date of receipt by the Applicant of the management evaluation. The Applicant submitted that the filing of the present application was delayed due to exceptional circumstances, namely his attempts to resolve the matter informally, including with the assistance of OSLA. The Tribunal found that the application was filed more than four months after the expiration of the relevant time period. The Tribunal further found that the Applicant¡¯s informal discussions with the...

UNDT held that, in light of Order No. 62 (NY/2010) and the subsequent lack of prosecution of the proceedings, there was no matter for adjudication before the Tribunal. UNDT closed the case without a determination of its merits.

Submissions on new issues after the trial, re-opening of litigation: Parties will not be permitted to re-open substantive litigation after the Tribunal has already rendered its judgment on liability and is dealing solely with the issue of compensation.The Tribunal will take into account the staff member¡¯s earnings during the relevant period of time for the purpose of calculating compensation.Interest for lost salary: Lost salary should be subject to interest on the basis that it would have been paid in separate monthly installments, with interest on each installment calculated in accordance...

Nature of misconduct charges: Although technically not criminal charges, a misconduct charge may carry overtones of criminal proceedings, where rights attendant to a fair trial attach. Equality of arms: equality of arms may be seen to be an indivisible element of a fair trial, requiring that a fair balance exist between parties involved in litigation. The principle warrants the assurance that each party to a dispute be able to prepare and present his or her case fully and adequately before the court.Outcome: The Tribunal found that the conditions of access proposed by the Respondent would...

Receivability: Only the appeal of the compensation amount was receivable¡ªthe Respondent had already conceded to the selection processes being flawed, the Applicant¡¯s return to her liened post was not an administrative decision in itself, and the Applicant had defined a fourth decision too vaguely to give it any meaning. Compliance with orders: Lacking a response from Counsel for the Applicant to a written order, the Tribunal determined that, due to his failure to comply with the order, by default the Tribunal would deem that the Applicant had agreed with the Respondent¡¯s contentions regarding...

The Tribunal held that the Applicant had not raised a prima facie case that the decision was arguably unlawful or that he would suffer irreparable damage from its implementation.