51ÁÔÆæ

The application was withdrawn by the Applicant in light of a settlement agreement.

The application was withdrawn by the Applicant in light of a settlement agreement.

The Tribunal found that the application was irreceivable as time-barred; it was also without merit because the alleged conflict of interest was not deemed to exist. Independent status: Bodies endowed with an independent status are integrated in the structure of the Organization and, whilst they may not receive instructions from their chain of command in performing the tasks entrusted to them, they are not entirely detached from the Secretary-General¡¯s authority. Administrative decisions: The Tribunal is not competent to examine the legality of acts other than administrative decisions. Redress...

The application was closed after the parties reached an amicable resolution.

Independent status: OSLA enjoys functional or operational independence, in the sense that it does not receive instructions from its hierarchy when providing advice to staff members or representing their interests, while remaining administratively subject to the Secretary-General. Attribution of Independent organs¡¯ acts to the Secretary-General: If article 2.1 of the UNDT Statute designates the Secretary-General as the respondent before the Tribunal, he assumes this role in his capacity as Chief Administrative Officer, and not on account of his personal behaviour. This responsibility is linked...

The application was withdrawn by the applicant.

The Tribunal cannot review the Alleged Harassment complaint as management evaluation is a prerequisite to an application before the Tribunal¡ªsee Planas 2010-UNAT-049 and Syed 2010-UNAT-061. The Tribunal does not have the power to suspend or waive time limits¡ªsee Costa 2010-UNAT-036. In this case there was no request for, or grant of an extension by the Secretary General. Therefore, regardless of whether there were attempts at informal resolution (or, indeed any other circumstance or factor), the Applicant¡¯s challenge to the First Decision is out of time as it was filed more than 60 days after...

Applicant¡¯s request for a swap of posts and for priority consideration: The Tribunal¡¯s Statute does not authorize it to issue such orders to the Administration. Applicant¡¯s request for an internal review of UNDSS: The Tribunal¡¯s mandate is to enforce the individual rights of applicants; it does not behove the Tribunal to oblige the Administration to remedy problems it may identify in the functioning of the Organization. Applicant¡¯s request for determination of individual responsibilities: Assuming the Applicant intended to rely on article 10.8 of the Tribunal¡¯s Statute, such article allows the...

The application was withdrawn by the applicant.

Noting that both the Dispute Tribunal and the Appeals Tribunal had repeatedly emphasized the need to observe time limits, the Tribunal rejected the application as time-barred, without ruling on the admissibility ratione personae of it.