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The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

Receivability: Noting that the Applicant submitted his Application 3 days before requesting management evaluation of the contested decision and that his request for management evaluation was submitted a month after the deadline for the statutory delay, the Tribunal concluded that the Application was not receivable.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Conflict of interest: The Tribunal held that the fact that the Applicant sought to obtain a remunerated contract for his company to undertake the construction of stands rather than advise the organizers to seek an independent contractor demonstrated the existence of a real conflict of interest between his position as the CEO of a private company and his position as a staff member. Even though BINUB was...

Request for management evaluation: The Tribunal noted that there was no indication that the Applicant had submitted a request to any entity or individual, including the Secretary-General, mandated to receive management evaluation requests as he did not provide any address, physical or electronic, of these entities or individuals. Nor did the Applicant provide any acknowledgment of receipt of any request for management evaluation by the Administration. The Tribunal subsequently held that the Applicant failed to provide evidence that he had indeed submitted a request for management evaluation of...

Res judicata: The Tribunal held that a request made to or a decision of MEU does not operate as an express or disguised form of res judicata. The principle of res judicata applies as a rule to judicial decisions. Thus, the Tribunal is not bound by the finding of MEU except for the limitation put on its judicial powers by having a suspension of action, which is a judicial order, lapse following a finding of MEU, which is strictly an administrative decision. Priority consideration: The Tribunal concluded that since the Applicant was found unsuitable for the post, the failure to consider his...

The ±¬ÁÏÍøDT decided to join both cases and following a review of the procedure followed, found both decisions to be illegal. It ordered the rescission of both decisions and that a new decision be taken on the Applicant¡¯s complaint. It also considered that the irregularities committed resulted in undue delay in the handling of the complaint, which caused the Applicant moral harm warranting compensation of 8,000 Swiss francs.

The Applicants have withdrawn the matter in finality, including on the merits. ±¬ÁÏÍøDT dismissed the application in its entirety without liberty to reinstate.

The ±¬ÁÏÍøDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.

The Applicant subsequently filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The ±¬ÁÏÍøDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.

The Applicant subsequently filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The ±¬ÁÏÍøDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.