51ÁÔÆæ

Since the Applicant withdrew the application, there is no longer a matter for adjudication and therefore the case is closed.

The Tribunal accepts the motion to withdraw the application on the terms requested. The parties are to be praised for the approach taken in this matter. The Tribunal, on its own motion, decided to anonymize this judgment considering that since the matter was amicably resolved, it was not appropriate for the Applicant¡¯s name to be disclosed in a public document. The Applicant¡¯s motion to withdraw the application is granted and this case is hereby closed, with, as requested, no right of reinstatement.

Since the Applicant withdrew his application, there is no longer a matter for adjudication and therefore the case is closed.

Contrary to the Applicant¡¯s contentions, the contested administrative decisions were not disciplinary measures imposed pursuant to the applicable legal procedures in ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process). The Applicant became aware of this as evidenced by his subsequent request for management evaluation of 23 November 2018. The Tribunal found the application irreceivable. It was filed without having first been submitted to management evaluation. The Applicant had to await the result of his management evaluation dated 23 November 2018 (or expiry of...

The Tribunal found that clear and convincing evidence was obtained which was consistent with the Applicant¡¯s sexually exploiting local women and the impugned decision was well-founded. The Applicant had claimed that he had given his username and password to other staff members therefore, he could not be attributed the accessing and storing of the material. The Tribunal did accept this. The Applicant admitted that he had downloaded and installed the cracked software that had caused pornographic material to appear on his computer. He neither named any person with whom he shared the password nor...

Receivability; The application is receivable ratione personae. After accepting the offer of employment, the Applicant effectively started to perform the functions of Senior Economic Affairs; Officer, ECE, on 1 May 2017. The Organization thus treated him like a staff member, although he was not eligible to apply and be selected for the position and no letter of appointment was signed. As a result, the Applicant is legitimately entitled to rights similar to those afforded to staff members, for the purpose of being granted access to the internal justice system of the United Nations.; Merits; The...

The Applicant was notified of his non-selection on 7 December 2016. Yet, he requested management evaluation only on 11 April 2017.; Paragraph 119 of UNHCR¡¯s Revised Policy and Procedures on Assignments (UNHCR/HCP/2015/2/Rev.1) provides that: ¡°Staff members who have reasons to believe that they have not been given full and fair consideration for a particular decision, have; the right to be provided, upon request, with information on the process which led to that particular decision¡±. Its purpose is merely to establish a duty for the Administration to provide non-successful candidates, upon...

To be legally valid, a request for the withdrawal of an application must be formulated by the applicant and/or by his/her counsel and must consist of the unconditional expression of the applicant¡¯s free will to close his case before a judgment is issued. As the Applicant withdrew the matter in finality, there is no longer a matter for adjudication and therefore the case is closed.

The Administration, contrary to its own policies, took into account the Applicant¡¯s functional title only without considering his actual functions vis-¨¤-vis the other P-4 posts in the JAOC. By neglecting to look beyond the Applicant¡¯s functional title, the Administration unlawfully determined that the Applicant would be subject to a dry-cut. Significantly, the Applicant held a continuing appointment. Thus, applying the UNMIL Guidelines to the present case, the Applicant should have been automatically retained since there were, at the time of this application, other P-4 staff members in his...

Binding force of UNAT judgments: Judgments of the Appeals Tribunal are binding upon the parties. Their binding effect is not restricted to the orders provided under the ¡°Judgment¡± section, but also extends to the other operative paragraphs, which set out the major considerations for the determinations made. Articulation of the interest of the Organization and the criteria for conversion: The interest of the Organization is a legitimate consideration to be taken into account when assessing the suitability of a staff member; however, as articulated in the relevant rules, it is ancillary to the...