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The application was withdrawn by the Applicant in light of a settlement agreement.

Review of the motivations behind the contested decision: Circumstances intervening after the contested decision was taken may not be considered as showing the motives put forward by the Administration to be false. Even if it was proved that an evaluation of the Applicant¡¯s performance was conducted after his separation, this is not pertinent in examining the decision not to renew his contract, inasmuch as the motive provided therefor was not unsatisfactory performance. Scope of review by the Tribunal: It is not for the Tribunal to determine, when the Administration decides to close one of its...

The impugned decision is grossly, patently, incurably and incontrovertibly unlawful. An order suspending the administrative decision pending management evaluation is bound to work injustice in the circumstances.The Application that gave rise to the proceedings and deliberations in this case clearly was brought under a wrong heading when it was filed as a suspension of action application. The Tribunal, in the present circumstances, must in the interest of justice move this matter to the cause list of applications on the merit and accordingly dispose of it fully and on the merits.Article 36 of...

Applicants have a duty to pursue their causes of action promptly. Delay can cause considerable uncertainty and inconvenience not only for the Respondent but for third parties as well. The Applicant¡¯s fears of retaliation due to the non-existence of administrative machinery to protect him at the material times are not justified. This Application is not receivable as it was filed more than the three years stipulated under Article 8(4) of the Statute of the Dispute Tribunal after the Applicant¡¯s receipt of the contested administrative decision. In addition, the facts in this case would not have...

Ä¢¹½ÊÓƵDT noted that a party may apply for the revision of a judgment only when that judgment is executable, which was not the case with Judgment Odio-Benito Ä¢¹½ÊÓƵDT/2011/019 given that the Applicant had appealed it before the United Nations Appeals Tribunal. Ä¢¹½ÊÓƵDT held that the application was not receivable ratione materiae and rejected it.

This application for suspension of action is dismissed upon withdrawal by the Applicant.

The application was withdrawn by the Applicant in light of a settlement agreement.

The Ä¢¹½ÊÓƵDT drew an adverse inference from the Respondent¡¯s failure to disclose the reasons to the Ä¢¹½ÊÓƵDT and declared that the contested decision was arbitrary, capricious, and therefore unlawful. The Ä¢¹½ÊÓƵDT further found that the Administration breached its obligation to disclose the reasons for the contested decision to the Applicant. The Ä¢¹½ÊÓƵDT ordered (i) compensation in the amount equivalent to six months¡¯ net base salary and entitlements at the P-5 grade, VI step, with retroactive interest, for actual economic loss suffered, and (ii) USD8,000 as compensation for emotional distress. Applicable...

The application for suspension of action was dismissed on withdrawal by the Applicant.

The Applicant¡¯s criticism, that staff members with a vested interest in the process because they were unsuccessful in the promotion exercise procured the Staff Union resolution, is not a criticism that should be directed towards the Respondent¡¯s managers, but is rather a matter for the Staff Union. Staff member¡¯s right to a decision in a timely manner: The Respondent¡¯s approach to resolving this matter indicated a lack of urgency and sensitivity towards the legitimate expectations and feelings of the Applicant. Outcome: The Ä¢¹½ÊÓƵDT awarded compensation of USD10,000 for emotional distress and...