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Noting the agreement between the Parties, and the Applicant¡¯s notice of withdrawal, the Tribunal ordered that the matter be dismissed.

The time for requesting a management evaluation in this case is specified in Staff Rule 111.2(c). This rule provides that a request for management evaluation should not be receivable by the Secretary-General unless it was sent within 60 days of notification of the contested administrative decision. The Secretary-General is able to extend this time limit pending efforts for informal resolution by the office of the Ombudsman. In this case there is no evidence that the parties submitted the matter to the office of the Ombudsman for mediation within the deadlines for filing a management evaluation...

The Tribunal found that it does not have jurisdiction ratione personae as Defence Counsel at the ICTR who have a particular status, which is defined by the internal rules of the ICTR and the Agreement between the United Nations and the United Republic of Tanzania concerning the Headquarters of the International Tribunal for Rwanda dated 24 September 1996.

It was not disputed that the Applicant borrowed money from a Sales Manager working in a company doing business with MONUC. In the light of the applicable law and in particular the financial and procurement rules, the Tribunal found that misconduct had been properly established. Nonetheless, the Tribunal found a certain number of mitigating factors such as the fact that he repaid the loan in full and that it was a ¡°one-off decision¡±. Therefore, the Tribunal took the view that the sanction was not proportionate.

The Ä¢¹½ÊÓƵECA Administration did not comply with the procedures which prescribe how to handle issues related to the arrest and detention of staff members. The Ä¢¹½ÊÓƵECA Administration did not act to protect the applicant in a manner consistent with Ä¢¹½ÊÓƵ international legal instruments on human rights. The Ä¢¹½ÊÓƵECA Administration failed to safeguard the applicant¡¯s privileges and immunities as a staff member of the United Nations and to protect the interests, standards and values of the Organization.The OIC of the Ä¢¹½ÊÓƵECA SSS at the time, in his actions and inactions, fell far short of many of the core values...

In Ä¢¹½ÊÓƵDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant¡¯s submissions, the Tribunal finds that they do not satisfy the requirement of ¡°exceptional¡± in Article 8.3 of the Statute of the Dispute Tribunal. The applicant¡¯s physical presence was not required in the U.S. for her to file her Application.

As the matter had been formally, although mistakenly, transferred to the Ä¢¹½ÊÓƵDT in Nairobi and is registered in its records, it is appropriate to issue an order striking out the case so that this matter is formally closed on the court¡¯s docket and is properly recorded as such. Ä¢¹½ÊÓƵDT ordered that the application be struck out.

In Ä¢¹½ÊÓƵDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant¡¯s submissions, the Tribunal finds that they do not satisfy the requirement of ¡°exceptional¡± in Article 8.3 of the Statute of the Dispute Tribunal. The applicant did not abide by the time limits for filing his application with the JAB and subsequently, in his appeal against the JAB¡¯s findings, he also failed to abide by the time limits for filing his application...

The Administration¡¯s decision not to renew the Applicant¡¯s fixed-term appointment beyond September 30 2009 was not informed by improper motive, arbitrariness or other extraneous factors. The Applicant, in merely settling into his reassignment to clerical duties in JRAU, not only deluded himself as to the security of his employment with the ICTR but was utterly unreasonable and careless regarding his own career prospects and must bear the blame for the fall-outs of his reassignment. The ICTR Administration made sufficient effort in the spirit of the Performance Appraisal System to improve the...

While the Respondent submits that the recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages, the Tribunal does not consider this list to be exhaustive. The Tribunal cannot conclude that if proper procedures had been followed, the Applicant would have been selected for the subject post. Nonetheless, it considers that the Applicant¡¯s prospect for selection was very high due to the fact that he was the only candidate deemed suitable for the post by the Advisory Selection Panel. Thus, the contested decision impacts substantially on the Applicant¡¯s...