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Outcome: For Applicant (relief to follow).

The ±¬ÁÏÍøDT found that the Applicant had previously resigned from a temporary appointment and was reemployed on the understanding given to her by MINUSTAH that the period of 364 days, following which she may have to take a break in service, would start running on the date of her new temporary appointment. The ±¬ÁÏÍøDT found that the conditions for a suspension of action were met and ordered suspension, during the pendency of the management evaluation, of the implementation of the decision. Outcome: The ±¬ÁÏÍøDT ordered suspension of action on the contested decision pending management evaluation.

The main legal issues in this case are whether the Applicant and the Organization had entered into a contract and whether the Applicant is entitled to access to the system of justice of the United Nations. The Tribunal found that no binding contract of employment was concluded by the Applicant and the Organization. The Applicant was not a staff member at the time the decision was made not to select her for the vacancy and the Tribunal does not have jurisdiction over this case. Outcome: The application was rejected.

The ±¬ÁÏÍøDT found that the Applicant failed to establish that the alleged administrative decision he sought to contest affected his legal rights. The ±¬ÁÏÍøDT found that the Applicant lacked legal standing and his application was therefore deemed not receivable.

Outcome: The application was rejected. The ±¬ÁÏÍøDT made the following findings: The preliminary fact-finding investigation was initiated properly, but was flawed, because the Applicant was not re-interviewed or given the opportunity to answer the allegations of sexual harassment in writing after the full scope of allegations became known to the investigation panel. However, these flaws did not vitiate the contested decision as they were cured in the process that followed. The findings of the fact-finding investigation report and the accompanying documents justified the decision to initiate formal...

Outcome: Judgment for the Applicant. The parties were ordered to attempt to resolve the issue of appropriate relief, failing which it would be considered by the ±¬ÁÏÍøDT. The ±¬ÁÏÍøDT found that the requirement to take a break in service was unlawful and did not reflect the true facts as no actual break in service or separation took place. The ±¬ÁÏÍøDT found that there was no legal requirement for the Applicant to be placed on appointment of limited duration between 5 and 30 June 2009, and the decision to give her an appointment of limited duration was manifestly unreasonable and therefore unlawful. The...

Outcome: The application was rejected. The ±¬ÁÏÍøDT found that the Applicant failed to demonstrate that the implementation of the contested decision would cause her irreparable damage.

The ±¬ÁÏÍøDT found that, having waited for approximately one year and a half to raise claims regarding the alleged lack of access to the United Nations cafeteria facilities, the Applicant acquiesced to the arrangements put in place by the Respondent in view of the renovation-related requirements. The ±¬ÁÏÍøDT further found that, in view of the CMP-related requirements that necessitated the move to the Madison Building, the Respondent put in place alternative measures that were neither unreasonable nor unfair. The ±¬ÁÏÍøDT rejected the application.

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 ±¬ÁÏÍøDT 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 Applicant submitted, inter alia, that as a result, his right to participate as a candidate for leadership in the ±¬ÁÏÍøSU 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 ±¬ÁÏÍøSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not...