51ÁÔÆæ

The Tribunal is satisfied by the evidence tendered before it in respect of the Applicant¡¯s chronic absences. The Tribunal is not convinced that the reasons proffered by the Applicant to explain his unauthorized absences were beyond his control. The Tribunal considers that the Applicant was given ample opportunity to address this performance shortcoming. The Tribunal is satisfied, in consideration of the requirements of section 8.3 of ST/AI/2002/3, that the ICTR Administration had taken steps to rectify the situation in respect of the Applicant¡¯s chronic absenteeism.

The main evidence against the Applicant was the testimony of the driver who claimed that he had been asked by the Applicant to bring a carton to Dire Dawa. The Respondent claimed that a printer was missing from the inventory list. The driver¡¯s testimony was credible, especially since he was able to provide precise details on the printer¡¯s bar code and the serial number. In view of the overwhelming evidence that the Applicant had shown a pattern of misconduct, including the storage of obscene material on his official computer, the Tribunal was satisfied that the Respondent established a prima...

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant in view of the informal resolution of the dispute.

Since the Applicant received an extension of time and failed to submit an application, UNDT dismissed the matter for want of prosecution.

Judicial Review is a supervisory jurisdiction. It is not a jurisdiction which a tribunal may exercise over itself. The former UNAT and the UNDT were and are creatures of statute. Each has the ability, inherent to all courts and tribunals, to imply powers to prevent abuses of process; however, the jurisdiction of each tribunal is limited by the provisions of its respective empowering statute. In the absence of specific jurisdiction conferred on a statutory tribunal by statute, the power to exercise a supervisory jurisdiction such as judicial review cannot be implied. This conclusion is...

The Tribunal found established the facts of which he was accused and considered they constituted misconduct, no irregularity was identified in the procedure and the sanctions were not deemed disproportionate. However, unlike the written censure and demotion, the prohibition of promotion for a certain period of time was not among the range of disciplinary measures foreseen in former staff rule 110.3 (a), which rendered its imposition unlawful, pursuant to the principle nulla poena sine lege. Hence, the said sanction was rescinded and CHF1000 granted as compensation for the loss of chances...

The Tribunal rescinds the decision to summarily dismiss the Applicant and Orders: the reinstatement of the Applicant; that the Applicant be paid her salaries and entitlements from the date of her summary dismissal to the date of this judgment with interest at 8%; that the Applicant be compensated for the breach of her right to due process at the rate of two months net base salary; that compensation be fixed, should the Secretary-General decide in the interest of the Administration not to perform the obligation to reinstate the Applicant, at two years¡¯ net base salary at the rate in effect on...

In view of the informal resolution of the dispute and the withdrawal of the application, there is no longer any matter for adjudication before the Dispute Tribunal and the case is closed.

The application was withdrawn by the Applicant.