51ÁÔÆæ

The UNAT noted that the staff member¡¯s letter regarding early retirement was to be considered a letter of resignation. The UNAT noted that a few months later she had sent another letter to the Administration requesting to withdraw her resignation. The UNAT found that the UNDT had not erred in law when it identified the contested decision as the decision not to accept the staff member¡¯s withdrawal of her resignation, and the UNDT¡¯s approach had not caused prejudice to her as it had been able to examine all her contentions.

The UNAT held that the staff member¡¯s resignation produced its legal...

The Applicant having failed to establish any illegality, procedural irregularity, bad faith or improper motivation in the Respondent¡¯s taking of the decision not to accept her request to withdraw her resignation, the application had to fail.

Had the Respondent not exercised his discretion to reject the Applicant¡¯s request to withdraw her resignation, he would have been compelled to rescind selection decisions already communicated and accepted by three other staff members. This would have constituted a breach of the employment contracts of the three staff members. This breach would have...

The UNAT held that the UNDT correctly pointed out that the only remedy requested by the staff member in his application to the UNDT was the rescission of the administrative decision not to transfer him. Only now on appeal does the staff member raise other claims and additionally requests payment of all salaries and benefits from the date of termination to the date of the UNAT Judgment, including pension benefits and compensation for the material and moral harm inflicted on him, caused by harassment, mistreatment, and unlawful termination. His new requests on appeal cannot be accepted by the...

UNAT held, in agreement with UNDT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the UN Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...

The Respondent contended that the Applicant¡¯s appointment was not renewed because of financial and staffing considerations, namely the ending of temporary funding for the Applicant¡¯s position. The Applicant contended that this reason was not legitimate and that the decision was tainted by discrimination and based on other factors that were not disclosed to him. The Applicant claimed that the Respondent created an expectancy of renewal of his appointment as a result of the promises given to him by his supervisor. He further submitted that his due process rights were violated during an...

An applicant must identify, or define, a specific administrative decision capable of being reviewed. The contested decision which may be reviewed by the Dispute Tribunal is not the Administration¡¯s response to the request for management evaluation, but the administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment of the staff member. When deciding the scope of the case, the Tribunal is not limited to the parties¡¯ own identification and definition of the contested administrative decision(s) and may, based on the submissions, seek...

Receivability: The Respondent submitted in his reply that the Applicant¡¯s request for compensation was not made within the requisite time limit. However, in denying the Applicant¡¯s claim for compensation, the Administration did not reject his claim on the ground that it was filed late but rejected his claim on the merits and thus the Administration implicitly waived the timeline required under ST/AI/149/Rev.4. Since the contested decision is the Claims Board¡¯s decision to deny the Applicant¡¯s claim for compensation and the Applicant complied with the mandatory requirement of submitting a...

The ST/AI stipulates a condition attached to the entitlement of the payment of the balance of the relocation grant, namely that the payment of the balance of the relocation grant shall be made only when an extension of the assignment occurs at least six months prior to the expected end of the assignment at the duty station. The extension having occurred approximately three months before the end of the assignment, UNDT held that the Applicant is not entitled to the balance. The fact that the Applicant submits that nobody advised him of this condition in January 2018, six months prior to the...

As of the date of this Judgment, the Applicant has failed 51ÁÔÆæ the Tribunal¡¯s orders. The Applicant did not submit an updated medical certificate explaining his failure to comply. The proceedings cannot continue when Counsel is not instructed by her client. The Applicant was no longer interested in the pursuit and outcome of the legal proceedings, which were therefore be deemed to have been abandoned, and the matter was therefore dismissed for want of prosecution.

Since the Applicant in this case is separated, he can no longer be reassigned, as he requests. The application is therefore moot.