51ÁÔÆæ

The Applicant has no interest in the maintenance of the proceedings, therefore the case is closed.

The Applicant contended that the Complainant¡¯s evidence contained numerous discrepancies and that the Complainant had exercised prevarication over her own statements and had displayed ambivalence over attempts to privately resolve the matter. The Applicant further contended that the finding of sexual harassment was based on the victim¡¯s own perception of the Applicant¡¯s actions. The Tribunal found that: based on the testimony and the entire file, the facts upon which the disciplinary measure was based were established; by any objective measure, the Applicant¡¯s conduct was prohibited by UNICEF...

The initial fact-finding investigation was fundamentally flawed, unreliable and a sham. The failure to conduct a proper investigation but to resort to arm-chair analysis and conclusions based on the unreliable initial fact-finding investigation was not only useless but constituted a violation of the provisions of ST/Al/371 and the Applicant's due process rights. The Preliminary Investigation Report is characterized by a lack of direct evidence from the alleged victims and a heavy reliance on second hand evidence made by third party witnesses. The IGO/Investigation Unit failed to establish...

UNDT held that the Applicants may amend their request for compensation as, in Order No. 104 (NY/2011) specifically called for updated submissions on compensation, under which UNDT thus granted leave for the Applicants¡¯ amended submissions. UNDT denied the compensation request for loss of opportunity to pursue the new P-4 level post created in ORES, as the Applicants did not present any evidence supporting their contention that they were denied this opportunity. UNDT awarded compensation for loss of chance/opportunity. UNDT listed the following significant factors: (a) the existence of numerous...

The Tribunal finds that the selection process was flawed but that the Applicant has not established a causal link between the irregularity and the harm he claims to have suffered. Assessing the legality of the contested decision: When the Administration decides to use a specific procedure, it is bound to fully comply with this procedure. Thus, if the Administration had determined that applications for a vacant position would be assessed by a panel of five members, all five panel members should have actually participated in the assessment, and the failure 51ÁÔÆæ the procedure resulted...

The Tribunal finds that the selection process was not flawed. Judicial review: In reviewing selection decisions, it is not for the Tribunal to substitute its own assessment for that of the selection panel, except where errors of fact or manifest errors in the assessment of the facts have been committed.Outcome: Application rejected on the merits

Noting that the Applicant had neither filed an application on the merits nor any other application with regard to this case file, UNDT closed the case.

UNDT held that the application did not meet the test as set out in Article 2.2 of the UNDT Statute, specifically noting that it failed to meet the requirements for irreparable damage and particular urgency. UNDT therefore considered it unnecessary to determine the issue of prima facie unlawfulness.

The UNDT found that General Assembly resolution 63/253, by which the Assembly adopted the statutes of the UNDT and the UNAT, imposed limitations on their jurisdiction. Interns presently do not have access to the UNDT and the UNAT. Having found that it does not have jurisdiction to consider the application, the UNDT dismissed it without consideration of its merits.

UNDT ordered the Respondent to (i) remove adverse material from the Organization¡¯s files, (ii) send to the Member States that received the summary a copy of the Judgment and explanatory statement, (iii) pay monetary compensation in the amount of USD60,000 for non-pecuniary harm, including emotional distress and damage caused to the Applicant¡¯s reputation. The UNDT rejected the Applicant¡¯s claims for direct economic loss.