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The recovery was made on the basis that the Applicant did not complete the expected period of three months of service in UNOCI upon return from his home leave. The Respondent submitted that the application was not receivable as the Applicant¡¯s request for management evaluation and application with the UNDT were not filed within the filing deadlines. The UNDT found that the Applicant having been found in Egglesfield UNDT/2012/208 to be in continuous service, his employment remained continuous beyond three months after his return from home leave and any recovered lump sum for home leave should...

The UNDT found that the application was not receivable as the Applicant failed to request a management evaluation of the contested decision. The UNDT found that the Applicant¡¯s communications with the Human Resources Management Section of the United Nations Office in Vienna in July 2012 did not amount to a request for management evaluation, and even if they were accepted as such a request, it would have been out of time by approximately three months.

All the unresolved questions, the established facts and the Applicant¡¯s failure to bring evidence in order to convince the Tribunal of the alleged extortion scheme against him support an inference that the Applicant had likely engaged in a sexual relationship with V01, a minor. Given all the surrounding circumstances of the charge, investigations and his own actions and explanations, the Applicant has not sufficiently discharged the burden upon him. The wording in paragraphs 3.2 (a) and (b) of ST/SGB/2003/13 is clear. Sexual exploitation and sexual abuse constitute acts of serious misconduct...

The new system consists of a modernization of the system in place and does not change the staff members pre-existing obligation to accurately reflect their working hours. The Applicant has not provided the Tribunal with any persuasive arguments that would result in it to consider that the implementation of the Flex Time System infringed on either his contract of employment or his terms of appointment. The implementation of a practice, which is used to address specific needs of a department, does not become discriminatory solely due to the fact that other departments within the Organization do...

The Organization¡¯s jurisdictional competence does not extend to the physical assault of a non-UN staff member by a staff member. It was within the province of the Respondent or his agents in this case to investigate the events leading up to the physical assault of Ms. Oduke. Having established that Ms. Oduke had been physically assaulted, the appropriate action for the Administration after that would have been for Ms. Oduke, as a non-staff member, to be advised or even assisted to file charges againstthe Applicant for assault in the appropriate local court. The conclusions of the local court...

Premature filing of an Application: The Tribunal held that there is no rule that requires the Tribunal to wait for the action or inaction of the MEU before assuming jurisdiction in a case. The Tribunal held that it would not be in the interest of justice to reject applications indiscriminately solely on the basis that they were filed prematurely without taking into consideration the particular and/or exceptional circumstances that may exist in each of case.

The Applicant has not requested any damages or a modification of the contested sanctions but rather only their rescission. The Tribunal considers that the level of disciplinary measures that were finally applied against the Applicant were taken in accordance with the rules and therefore there are no rescindable decisions. The Tribunal can also not award a remedy that was not requested by the Applicant with regard to any delay in the proceedings or the original sanction which has since been modified 51ÁÔÆæ the jurisprudence of the Tribunal. The application is dismissed.The UNDT found...

The UNDT found that there was a breach of the post selection process but that the Applicant did not suffer any damages as he did not meet one of the core competencies for the post. The Applicant has not put forward any evidence that the vitiated selection process with regard to the Post resulted in him suffering damages of any kind. Consequently, the application is granted with regard to the breach of ST/AI/2006/3 however no award of compensation is warranted.

The withdrawal request was filed more than two years after the initial application and prior to it the Applicant never requested a joinder of the present case and Case No. UNDT/NY/2012/070. The Applicant did not present sufficient legal grounds to grant his request for joinder. Although the Tribunal no longer needs to make a determination on the merits, the present decision represents a final disposal of the matter and the Tribunal will consider it withdrawn in finality, including on the merits. The application is dismissed in its entirety without liberty to reinstate. There are no exceptional...

Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.