51ÁÔÆæ

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

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

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

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

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

Neither the intial placement of the Applicant on ALWOP nor any of its extensions could be separated; each extension of the same ALWOP decision triggered a challenge; of all the previous related decisions. The challenge of any extension of the ALWOP was a challenge of the entire continuum of ALWOP, previous or supsequent. The placement of the Applicant on ALWOP fell below the required threshold for the Respondent/decision-maker to show that exceptional circumstances existed to support it. It was unjust and unlawful to place the Applicant on ALWOP for twelve consecutive months. UNDT ordered the...

The Tribunal finds that the rescission of the contested decision would not fully restore the status quo ante and would not provide adequate relief to the Applicant as the UN Leaders Programme in Cape Town, South Africa, which the Applicant was registered for participation at, was presumably already held in September 2017. Similarly, the Tribunal finds that monetary compensation alone would not provide the Applicant with appropriate relief because of the nature of the non-pecuniary harm in this case, as well as harm not having been established or proved. Considering that the Director of Mission...

The Applicant¡¯s appointment was not renewed due to the reclassification of her post from G-4 to G-6 level, and there was a legitimate reason for the reclassification, and thus abolishment of the Applicant¡¯s post. The Applicant has not met her burden of proving that the contested decision was biased or was motivated by other improper purposes. There was insufficient evidence that the Administration made a firm commitment or express promise to renew the Applicant¡¯s fixed-term appointment. The Applicant having provided no evidence of any harm, there is no basis for an award for moral damages.

The Tribunal¡¯s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, ¡°[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate¡±. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant has failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for...

The Tribunal¡¯s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, ¡°[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate¡±. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for this...