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Terms of settlement have been agreed between the parties. They have confirmed that the said terms have been fully executed and that there are no outstanding claims arising from the present case.

The ±¬ÁÏÍøDT found that, given the burden of proof on the Administration to establish by ¡°clear and convincing evidence¡± that there is no retaliation pursuant to sec. 2.2 of ST/SGB/2005/21, and given some of the unresolved questions arising from the OIOS investigation report and its annexes, any reasonable reviewer would have examined the annexes, which the Ethics Office did not. Nor did the Ethics Office sent the report back to OIOS for further investigations and/or clarification. Since the Ethics Office did neither, the Respondent was found liable for the Ethics Office¡¯s failures and/or...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of ±¬ÁÏÍøHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that ±¬ÁÏÍøHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of ±¬ÁÏÍøHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that ±¬ÁÏÍøHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of ±¬ÁÏÍøHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that ±¬ÁÏÍøHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of ±¬ÁÏÍøHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that ±¬ÁÏÍøHCR did...

The Tribunal found that the contested requirement was not inconsistent with the intent of the General Assembly in its resolutions 37/126 and 51/226 and that it fell within the High Commissioner¡¯s discretion to introduce this requirement in view of ±¬ÁÏÍøHCR operational realities. Whereas exceptions were made to the contested requirement for medical reasons based on the provisions of the Procedural guidelines for appointments, postings and promotions, the Applicants were not in the same situation as the staff members who were granted such exceptions and therefore they cannot claim that ±¬ÁÏÍøHCR did...

Compensation under Appendix D as opposed to liability for a breach of terms of appointment/contractual obligations: Appendix D to the Staff Rules sets a regime of objective responsibility in the event of death, injury or illness attributable to the performance of official duties on behalf of the United Nations, by which the Organization is to afford compensation regardless of whether it bears any fault in the matter. Where the compensation claimed by a staff member is compensation that relates to a violation of one of the terms of the staff member¡¯s employment or is contractual in nature...

Confirmatory decisions: Confirmatory decision do not have the effect of reopening the time limits for formal contestation, as the said time limits run from the time the original decision was notified to the concerned staff member.Future disputes: It is not for the Tribunal to pronounce itself on forthcoming disputes.Outcome:Application rejected on receivability

Decision affecting the applicant¡¯s rights: Since staff members have the right to apply to other positions under the Staff Regulations and Rules, they are entitled to contest a non-selection decision and a fortiori a decision imposing an additional condition for appointment after having been selected. Such a decision does affect the staff member¡¯s rights and is thus open to appeal.Lack of legal basis for the condition to renounce to permanent resident status: The General Assembly never endorsed the recommendations to approve the establishment of the condition that staff members must relinquish...