51ÁÔÆæ

Terms of settlement have been agreed between the parties. They have confirmed that the said terms have been fully executed and that there are no outstanding claims arising from the present case.

The terms of settlement have been agreed between the parties, and the Applicant has confirmed that the said terms have been fully implemented and that there are no outstanding claims arising from the employment with the Respondent. In the circumstances, it is the judgment of the Tribunal that the case be closed.

The application was withdrawn by the Applicant in light of the amicable resolution of the matter.

The application was withdrawn by the Applicant in light of the amicable resolution of the matter.

The Tribunal agreed with Thiam and Schook which held that the administration must send a written notification of the administrative decision to the staff member in order to determine when the sixty-day time limit starts to run. This Tribunal found that the Applicant was not formally notified of the impugned decision and the only official notification to the Applicant, that he was not selected for the post came in the form of the management evaluation report of 15 December 2010. The Tribunal therefore held that since the Applicant had requested a management evaluation on 27 October 2010, yet...

When the Tribunal is requested to exercise its jurisdiction under articles 2.1(c) and 8.2 of its Statute, the Tribunal¡¯s competence is limited to verifying whether the agreement reached through mediation has been implemented.Outcome:

The Tribunal found the Applicant¡¯s acceptance of the implementation of the agreement, his failure to raise the allegations of duress until well after two years after the mediation and his failure to proffer any supporting evidence, can only lead to the conclusion that the Applicant¡¯s claim of duress is devoid of any merit. Burden of proof - Where an Applicant alleges that an agreement was imposed upon him by duress, the burden lies on him or her to convince the Tribunal that such is the situation. Res Judicata - Where the subject matter of an application has been settled between parties...

Following successful settlement discussions, the Applicant filed a motion to withdraw her application, confirming that she was withdrawing all of her allegations and claims. The UNDT stated in the judgment that, the dispute having been settled by way of a settlement agreement, the Applicant withdrew her case fully, finally, and entirely, including on the merits. The case was closed without liberty to reinstate or appeal.

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

Following the Tribunal¡¯s judgment on receivability (Judgment No. UNDT/2012/149) and inter partes discussions, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement or appeal. The UNDT stated in the judgment that, there no longer being any determination to make in view of the Applicant¡¯s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.