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Due to the fact that the Applicant had not been rostered following the completion of the initial post selection, he was not eligible for consideration to be selected upon the transfer of the first selected candidate under art 10.4 of ST/AI/2006/3. The selection of a candidate “from the list endorsed by the central review body with respect to the particular vacancy” is a new separate administrative decision and therefore none of the Applicant’s rights were breached by this new selection. Consequently, the Applicant lacks standing to contest the second separate and individual administrative...

The Applicant contends that the decision not to renew his fixed-term appointment was based on irregularities, errors, omissions and favoritism and that it is discriminatory in nature and in violation of ST/AI/2010/5, however, he failed to give particulars of the irregularities, errors, omissions and favoritism which he alleged made the decision not to renew his fixed-term contract unlawful. The Applicant has failed to satisfy the first requirement of a suspension of action application, which is to show the prima facie unlawfulness of the contested decision.

An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.

The application is struck out as being inadmissible because under the terms of the contract that the Applicant voluntarily entered into she is not a staff member and the rules and regulations of the UN do not apply to her. She is employed under a service contract that confer on her rights akin to that of a consultant and the breach of any such rights is to be settled via binding arbitration. Consequently, she does not have standing to bring her claim to the Tribunal. In the alternative, even if the Applicant had standing to bring her claim, it is, in any event, not receivable as she did not...

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 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 Tribunal is only competent to hear complaints filed by staff members, former staff members or persons makingclaims in the name of an incapacitated or deceased staff member under article 3 of the Statute. Noting that the Applicant had been working with UNON as an independent contractor, the Tribunal held that he was not a staff member of UNON and as such, he has no standing to come before the Tribunal.

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 found that the Application is not receivable and dismissed it. Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of assignment grant that the Applicant was entitled to and that this negatively affected the Applicant. However, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on assignment grants for staff members on temporary appointments are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the UNDT Statute...