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The UNDT found that the Applicant failed to provide any explanation to the Tribunal as to the reasons for filing the present application 25 calendar days after the email of 28 October 2011 and nine working days before the examination. The UNDT found that the urgency in the present matter was created by the Applicant, who did not act timeously in filing the present application with sufficient urgency.

Language of examination: Pursuant to section 5.6 of ST/AI/2010/7, candidates may choose to take the oral examination in either English or French.Alternative compensation: Given that the placement of the Applicant on the roster of successful candidates does not guarantee that she will be selected for a position, and thus does not carry appointment or promotion, the Tribunal is not required to set an amount of compensation that the Respondent may elect to pay as an alternative to the specific performance ordered.Compensation and evidence of injury: While the Applicant seeks compensation for the...

One of the eligibility requirements was five years of continuous service with the Secretariat, excluding any service with separately administered funds or programmes. The Respondent asserted that for part of the relevant period the Applicant was employed pursuant to a Memorandum of Understanding between the United Nations Secretariat and the United Nations Development Programme, a separately administered programme. The UNDT found that the Applicant was converted by the United Nations to a permanent appointment in November 2010, which meant that the Organization had accepted that he had at...