51ÁÔÆæ

Receivability: The Tribunal considered that the contested decision was alleged to be in non-compliance with the Applicant¡¯s terms of appointment and produced direct legal consequences adversely affecting the Applicants¡¯ rights. The Tribunal found that the application was receivable.Whether there were procedural errors which breached the Applicant¡¯s rights following the classification of the post at the G-5 level and, if there were, what consequences flowed from those procedural errors The Tribunal found that the Administration failed 51ÁÔÆæ ST/AI/1998/9 in that it did not provide a...

Compensation for delayed placement on roster of pre-approved candidates: Although the Applicant was not selected for the post, the delay in the selection exercise had a direct impact on him because, had this exercise been finished sooner, the Applicant would have been placed on the roster of pre-approved candidates earlier, which would have opened up additional employment opportunities that would have been available to him as a roster candidate. The UNDT found that the Applicant was given full and fair consideration in the selection process. However, the UNDT found that the selection exercise...

The Tribunal found that UNMISS was incorrect when it restricted applicants to the TJO to staff already employed by UNMISS since the Applicant was an internal candidate. The Tribunal concluded that the decision to consider the Applicant ineligible for the TJO was unlawful and breached the Applicant¡¯s right to be fully and fairly considered for the post. The Tribunal found the application receivable and that the contested decision not to find the Applicant eligible for the TJO and the related decision to continue the selection process were unlawful and breached the Applicant¡¯s right to a full...

The Tribunal found the application receivable since the contested decision was a new and separate aministrative decision distinct from any decisions issued by the UNJSPF Board in relation to their pensions. The Secretary-General decided not to grant the relief requested by the Applicant in the contested decision and thus this is a separate administrative decision.; There was no mention in the Applicants¡¯ acceptance of their appointments confirming that they were also provided with a copy of the UNJSPF Regulations, being therefore aware of their content and accepting their contracts to be...

The Applicant¡¯s actions were reasonable and in accordance with her obligation to carefully verify the cost of administrative services, procurement and logistical support, since all the costs were supported by UNAMI, in order to ensure that all the provisions of the OIOS Audit Manual were respected. There was no concrete negative result on the planned audit resulting from the annulment of the first MOP and that the Applicant¡¯s actions, which she was taking in her capacity as CMS in UNAMI, consisting in a careful review of the alternative means to a face-to-face visit which could have resulted...

The Tribunal finds that the application is receivable.

To be legally valid, a request for the withdrawal of an application must be formulated by the applicant and/or by his/her counsel and must consist of the unconditional expression of the applicant¡¯s free will to close his case before a judgment is issued. As the Applicant withdrew the matter in finality, there is no longer a matter for adjudication and therefore the case is closed.

Since the Applicant withdrew the application, there is no longer a matter for adjudication and therefore the case is closed.

UNDT held that a plain reading of staff regulation 2.1 makes it clear that the Administration is obliged to provide a classification not only for the staff members but also for the posts that they are encumbering. UNDT held that nowhere in Personnel Directive/1/94 it is as much as contemplated that a staff member at the GS-level, even on a short-term temporary appointment as the Applicant, could be hired against an unclassified post. UNDT held that the administrative decision under review is clearly the decision by which the Applicant was recruited against an unclassified post when he was...

As the Applicant withdrew all allegations and claims, there is no longer a matter for adjudication and the case is closed.