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The Applicant has no interest in the maintenance of the proceedings, therefore the case is closed.

±¬ÁÏÍøDT ordered the Respondent to (i) remove adverse material from the Organization¡¯s files, (ii) send to the Member States that received the summary a copy of the Judgment and explanatory statement, (iii) pay monetary compensation in the amount of USD60,000 for non-pecuniary harm, including emotional distress and damage caused to the Applicant¡¯s reputation. The ±¬ÁÏÍøDT rejected the Applicant¡¯s claims for direct economic loss.

The ±¬ÁÏÍøDT found that General Assembly resolution 63/253, by which the Assembly adopted the statutes of the ±¬ÁÏÍøDT and the ±¬ÁÏÍøAT, imposed limitations on their jurisdiction. Interns presently do not have access to the ±¬ÁÏÍøDT and the ±¬ÁÏÍøAT. Having found that it does not have jurisdiction to consider the application, the ±¬ÁÏÍøDT dismissed it without consideration of its merits.

Outcome: The Tribunal found that the Secretary-General acted properly within his broad discretion in deciding to take no action in relation to the Applicant¡¯s appeal against the non-renewal of his fixed-term appointment, and the appeal was dismissed.

Receivability: In light of the Respondent¡¯s own arguments in this case, it should have been clear that the decision taken clearly falls within the type of decisions contemplated by art. 2.1 of the Tribunal¡¯s Statute. This Tribunal has moved toward a less rigid and more purposive interpretation of what constitutes an administrative decision and parties should not fail to take into account the developing case law of the Dispute Tribunal and the Appeals Tribunal. Incomplete applications: There may be cases where an application for sabbatical leave, while formally containing the documents and...

The Applicant claimed that: the decision was discriminatory and the decision-maker sought retribution for, inter alia, the Applicant¡¯s failure to choose the decision-maker¡¯s favoured candidate in a selection process; the matter was urgent due to the impending expiration of the Applicant¡¯s contract; and the decision would cause irreparable harm because the Applicant would lose his job and current livelihood. The Respondent contended that the application should be rejected outright because the Applicant did not pursue his claim with due diligence. The Respondent further argued that the Applicant...

The Tribunal therefore found that the Applicant failed to satisfy the overall test for a suspension of action with respect to that decision. With respect to the decision to require her to take a break in service prior to her placement on a temporary appointment, the Tribunal found that the three requirements of art. 2.2 of the Tribunal¡¯s Statute were satisfied. The Tribunal found that, for staff on fixed-term appointments who are being reappointed under temporary appointments following the expiration of their fixed-term appointments, there is no requirement, in law, to take a break in service...

The Tribunal found that the initial imposition of the reprimand was justified based on the Applicant¡¯s own admitted supervisory failings. However, the Tribunal found that the withdrawal and subsequent reinstatement of reprimand were improper, as was the decision to transfer the Applicant from his post. The Tribunal directed the parties to confer on the issue of compensation.

±¬ÁÏÍøDT noted that it had not received any application or correspondence from the Applicant after the outcome of his management evaluation request was received. ±¬ÁÏÍøDT closed the case for lack of prosecution.

Time limits for requesting administrative review: Due to the pronouncement of the Appeals Tribunal in Costa, the Dispute Tribunal is unable to suspend or waive deadlines with respect to administrative review or management evaluation, irrespective of the circumstances of each case. Unless an appropriate case is put before the Appeals Tribunal and it decides to limit the seemingly absolute application of the pronouncements of Costa as it currently stands, this Tribunal is bound to follow them, even where sick leave or other intervening events would render filing impossible for an applicant...