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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...

The Applicant submitted, inter alia, that as a result, his rights to free and fair elections and 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 safe, then the Applicant respectfully requests the Dispute Tribunal to order new...

Following successful settlement discussions, the Applicant filed a motion to withdraw her application, confirming that she was withdrawing all of her allegations and claims. The UNDT stated in the judgment that, the dispute having been settled by way of a settlement agreement, the Applicant withdrew her case fully, finally, and entirely, including on the merits. The case was closed without liberty to reinstate or appeal.

Following the Tribunal’s judgment on receivability (Judgment No. UNDT/2012/149) and inter partes discussions, 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 or appeal. 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.

Failure to file a reply: The Tribunal held that when a Reply is due in accordance with art. 10.1 of the UNDT Rules, the Respondent is required to comply with his obligation. He may not choose to file a Motion to have receivability considered as a preliminary issue or any other motion in lieu of his Reply. Subsequently, the only available remedy for the Respondent who fails to file a reply within the prescribed timeline is to seek leave of the Tribunal to be entitled to take part in the proceedings. Summary judgment: Noting that under art. 19 of the UNDT Rules, a party is entitled to judgment...

An “effective remedy” under ST/SGB/2008/5: The Tribunal concluded that the Administration is obliged to provide an effective remedy where a complaint of harassment under ST/SGB/2008/5 is substantiated. The breadth of possible remedies that may be granted includes, but is not limited to, monetary compensation, rescission and injunctive or protective measures.

Premature filing of an Application: The Tribunal held that there is no rule that requires the Tribunal to wait for the action or inaction of the MEU before assuming jurisdiction in a case. The Tribunal held that it would not be in the interest of justice to reject applications indiscriminately solely on the basis that they were filed prematurely without taking into consideration the particular and/or exceptional circumstances that may exist in each of case.

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 and without prejudice to the Applicant’s right, if necessary, to file an application under art. 2.1(c) of the UNDT Statute seeking to enforce the implementation of the agreement reached through mediation.