The Applicant subsequently filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
The application was withdrawn by the Applicant. The Applicant's request for redaction was granted in part and his name to be redacted from the judgment.
The withdrawal request was filed more than two years after the initial application and prior to it the Applicant never requested a joinder of the present case and Case No. UNDT/NY/2012/070. The Applicant did not present sufficient legal grounds to grant his request for joinder. Although the Tribunal no longer needs to make a determination on the merits, the present decision represents a final disposal of the matter and the Tribunal will consider it withdrawn in finality, including on the merits. The application is dismissed in its entirety without liberty to reinstate. There are no exceptional...
Following successful mediation, the Applicant filed a motion to withdraw her application, confirming that she was withdrawing it fully, finally and entirely, including on the merits. The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate.
The UNDT sought confirmation from the Applicant that the case was withdrawn in its entirety, including on the merits, with no right of reinstatement. The Applicant having confirmed that she 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 her application, the application was dismissed in its entirety without liberty to reinstate.
The Applicant did not contest the proportionality of the sanction imposed. As a result of his impending retirement, the Applicant filed a motion requesting to withdraw his application under the understanding that he would not be able to re-litigate the present matter in the future. In light of the Applicant's withdrawal of his application the case is closed.
The Tribunal found that the Applicant’s submission did not contain any dates for the impugned acts, nor any succinct statement of facts and reasons to contest such acts. It therefore dismissed the case for lack of substance and abandonment of proceedings.
The Tribunal concludes that it was unreasonable and wrong to have withdrawn the offer of the FS-5 position. The matter is made worse as the offer was withdrawn after a long period of protracted exchange of correspondence between the Applicant and the Respondent. Informal dispute resolution: It is obvious that meaningful consultations towards the resolution of a dispute, when deliberated on in good faith, would serve the interest of management and the staff member. It would engender a collegial work environment and remove the antagonism and friction that usually results from workplace disputes...
The UNDT rejected the application. Scope of judicial control: In appointment and promotion matters the Tribunal's role is limited to examining whether the Applicant’s candidature was given full and fair consideration, whether the decision was taken without any bias against the Applicant, whether proper procedures were followed and whether all relevant material was taken into account. Elements prior to the selection process—such as a restructuring exercise, the transfer of the selected candidate to a given post—are normally not under consideration. Administration’s discretion to define the...
The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...
