51ÁÔÆæ

Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.

Due to successful inter partes settlement negotiations and the subsequent withdrawal of this case, the case is closed.

With the successful mediation process and subsequent withdrawal of this case, the case is closed.

There being no matter for adjudication the case was closed.

There being no matter for adjudication the case was closed.

There being no matter for adjudication the case was closed.

UNDT was satisfied, based on the evidence, that the Applicant was prepared to use his power and influence to make life in the United Nations difficult for the Complainant if she pursued her complaint against him. UNDT held that this evidence satisfied the clear and convincing requirement. The evidence also showed that, during the investigation, the Applicant was afforded the due process rights he was entitled to. UNDT held that the disciplinary action of summary dismissal in this matter was justified and proportionate. UNDT dismissed the application.

In the matter of non-selection, it is evident that the Applicant was required to take a test but did not. The Applicant did not explain why she failed to take the test in any terms which show that the Administration must take responsibility for this failure. UNDT held that the Applicant must take responsibility for this failure and therefore can blame no-one other than herself for the non-selection. UNDT dismissed this aspect of the Application. UNDT held that the finding that there was insufficient evidence to pursue the matter of sexual harassment tantamounts to abuse abuse of authority on...

UNDT held that the application was receivable ratione materiae under Staff Rule 11.2(c) and Article 81.(c) of the UNDT Statute. The Applicant submitted and Appendix D claim on 4 December 2019 and a decision was made and communicated to him on 10 December 2019. He submitted that decision for management evaluation in accordance with Staff Rule 11.2(c) and Article 8.1(c) of the UNDT Statute. UNDT held that the 6 June 2019 email, in which the Advisory Board on Compensation Claims (ABCC) thanked the Applicant for bringing a matter to its attention, was not in response to a compensation claim by the...

UNDT accepted the Applicant¡¯s witnesses¡¯ as evidence as relevant and admissible. The witnesses generally addressed theatmosphere in which the United Nations Interim Security Force for Abyei (UNISFA) staff in Abyei functioned, including the reaction of the principal chiefs of the Dinka tribe to policy changes which they did not like. This raised issues to be considered in assessing the complaints of Complainants 1 and 2. Complainants 1 and 2 did not sign or indicate the veracity of their statements. This failure to authenticate the statements created doubt as to the veracity of the statements...