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Article 17.2

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The Applicant’s post was one of 45 posts earmarked in November 2007 for abolition by December 2008. It is not contested that the 45 posts for abolition which included the Applicant’s post were extended on GTA funding through June 2011. In the present Application on the merits, the Applicant needs to prove, at least on the balance of probabilities, that the Retention Panel was unfair in its evaluation of him and was discriminatory. Not only did he fail in his earlier suspension of action application to give particulars of the irregularities, errors, omissions and favoritism which he alleged...

The UNDT found that the Application and the claims contained in it were time barred and not receivable. Time Limits: It is an Applicant’s responsibility to ensure that he or she is aware of the applicable procedure in the context of the administration of justice at the United Nations and ignorance cannot be invoked as an excuse for filing out of the stipulated time limits. Applicants must strictly adhere to procedural requirements prior to the commencement of formal litigation proceedings.

All the unresolved questions, the established facts and the Applicant’s failure to bring evidence in order to convince the Tribunal of the alleged extortion scheme against him support an inference that the Applicant had likely engaged in a sexual relationship with V01, a minor. Given all the surrounding circumstances of the charge, investigations and his own actions and explanations, the Applicant has not sufficiently discharged the burden upon him. The wording in paragraphs 3.2 (a) and (b) of ST/SGB/2003/13 is clear. Sexual exploitation and sexual abuse constitute acts of serious misconduct...