51ÁÔÆæ

There was substantial impact on the applicant¡¯s life and work, which was both foreseeable and a direct result of the breach. Injury to career prospects: It is reasonable to infer that the applicant will probably be promoted in due course and that this prospect has been delayed by his failure to achieve the position in Geneva. This is economic loss. The court proceedings were burdensome, stressful, and time consuming, but this matter is inextricably involved with the denial, up to the judgment, of the applicant¡¯s rights, and will be sufficiently recompensed as part of the award for the breach...

In light of the Applicant¡¯s withdrawal of his application for suspension of action and subsequent lack of prosecution of the proceedings, there is no matter for adjudication before the Tribunal. The application is dismissed for want of prosecution, without determination of its merits, and the case is closed.

On the basis that there had been no filing since the granting of the suspension of action, UNDT found there was no longer any matter for adjudication and the case was closed.

The Respondent contended that the Applicant¡¯s appointment was not renewed because of financial and staffing considerations, namely the ending of temporary funding for the Applicant¡¯s position. The Applicant contended that this reason was not legitimate and that the decision was tainted by discrimination and based on other factors that were not disclosed to him. The Applicant claimed that the Respondent created an expectancy of renewal of his appointment as a result of the promises given to him by his supervisor. He further submitted that his due process rights were violated during an...

The Respondent submits that the contested decision was expressed in a letter dated 3 August 2001 and the claim is therefore time-barred as the Applicant¡¯s request for administrative review, dated 2 May 2005, was filed out of time. The Applicant avers that her application is receivable as the final decision subject to appeal was expressed in the letter of the High Commissioner for Human Rights dated 30 March 2005. UNDT found that the contested decision was made on 3 August 2001 and that the Applicant was notified of it, at the latest, on or before 15 April 2002. UNDT found that the Applicant...

The Applicant asserts, inter alia, that she was harassed and discriminated against and that her performance evaluation process was not in accordance with the established procedures. UNDT found that the decision not to renew the Applicant¡¯s contract was based on lawful grounds and was not vitiated by any improper considerations or procedural errors. UNDT found, however, that there was an unreasonable delay in the rebuttal process. Although this delay had no bearing on the lawfulness of the contested decision, it caused emotional distress to the Applicant, for which she shall be compensated...

Inexplicably, the JAB in its report sua sponte addressed, as a formal issue before it, the handling of a privileged and confidential letter (¡°Confidential Letter¡±) that the Applicant¡¯s Counsel had sent to the Under-Secretary-General for OIOS (¡°USG¡±) regarding the pending JAB litigation. The JAB refused the Applicant¡¯s non-selection claim, but found that the Respondent owed the Applicant an apology for forwarding the Confidential Letter to some staff members. The Respondent subsequently affirmed the non-selection decision, but rejected the issuance of an apology regarding the distribution of...

UNDT reiterated that, as it had held in Adorna UNDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. UNDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

The main issue was whether time taken off during part of the workday should be counted towards the ¡°scheduled workday¡± and actual work (¡°hours of work¡±) requirements when calculating compensatory time off or additional payment for overtime. UNDT found that time spent on annual leave, sick leave, or compensatory time off is not included in the actual work time, but is counted towards the scheduled workday. UNDT found that DGACM¡¯s application of Appendix B to the former Staff Rules was correct and that the Applicants failed to explain how the allegedly unlawful amendments to DGACM¡¯s policy and...

The Applicant¡¯s challenge of his non-renewal is not receivable as no administrative review of this decision was sought. The Respondent failed to reasonably exercise the discretion to withhold or modify the Investigation Report (and Executive Summary). The parties will be directed to make submissions on appropriate relief.