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The Applicant stated that had the post been advertised, she would have applied and would have been found to fulfill the eligibility requirements. The Applicant subsequently filed a notice stating that, having been advised concerning the receivability issues in her case by her new counsel, she wished to withdraw her application. In light of what the UNDT construed to be an equivocal withdrawal, it sought confirmation from the Applicant that the case was withdrawn fully, finally, and entirely, including on the merits. The Applicant having stated that she was withdrawing the matter fully...

The UNDT found that the decision to summarily dismiss the Applicant was wrongful. Assault: A charge of assault is a criminal charge and it was not within UNICEF competence to investigate a criminal offence or a tort alleged to have been committed. Identification of staff members: The Tribunal took judicial notice of the fact that when an international staff member finds him or herself facing an imminent threat of physical harm or is placed in some other peculiar position especially in a foreign country, it is reasonable to identify oneself as a Ãå±±½ûµØStaff Member. Sexual harassment: It is unusual...

The Tribunal found that no interim relief could be ordered either under art. 2.2 or art. 10.2 of its Statute. No management evaluation was ongoing at the time of the application and thus no suspension of action could be ordered under art. 2.2 of the Statute. Further, as no application on the merits under art. 2.1 of the Statute has been filed by the Applicant, no interim relief could be ordered under art. 10.2 of the Statute. The Tribunal noted that, even if the Applicant filed an application on the merits under art. 2.1 of the Statute in addition to the present application for suspension of...

Not only did Counsel for the Respondent initially refuse to take part in the proceedings because submissions were being filed and submitted through the eFiling portal, she further failed to comply with the Tribunal’s Order granting her an extension of 30 days. This failure, in the circumstances is an abuse of the process of the Tribunal. The Tribunal is entitled to enter, on its own Motion, a default judgment in this case. This means that in the present case, the Tribunal shall rely on the facts as presented by the Applicant and apply the relevant law to these facts. Upon his separation from...

The Tribunal rejects the Applicant’s request for a joinder of both cases and it dismisses this case as moot.

Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if heintends to put forward a different version of events from that given by the claimant, he...

Following inter partes discussions pursuant to case management directions by the Tribunal, 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. 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.

The UNDT found that the decision to take into account the Applicant’s recent disciplinary record was not a new disciplinary sanction but an exercise of discretion with regard to a new and separate discretionary administrative process. The contested decision did not amount to unequal or unfair treatment of the Applicant as compared to staff members with existing permanent appointments. The UNDT found that the Administration considered the Applicant eligible for consideration for conversion, but determined that he was not suitable for conversion in view of the recent disciplinary sanction...

The Applicant submitted, inter alia, that as a result, his right to participate as a candidate for leadership in the UNSU through a free and fair election process and his right to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought “an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 UNSU election results are safe. If the results of an independent investigation support the Applicant’s contention that the election results are not...