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UNMIK

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Request for revision of a ruling on an application for suspension of action: It follows from the combined provisions of articles 2.2, 11.3 and 12.1 of the UNDT Statute that a request for revision of a ruling on an application for suspension of action is not receivable. Even assuming that such a ruling might be open to revision, it is not possible for the Tribunal to revise it when the contested decision has been fully implemented.Extension of deadline for management evaluation: Staff rule 11.2(c) specifically provides that only the Secretary-General has the authority to extend the deadline for...

The UNDT found that the Applicant contested the decision not to renew his “tour of duty” with UNPOL, which was made by the Romanian Ministry of Internal Affairs. This was not an administrative decision made by the United Nations Administration, the Secretary-General or his duly delegated officers and, under art. 2.1 of the UNDT Statute, the application was not receivable. Further, the UNDT found that the applicant was not a staff member and therefore had no standing before the Tribunal. The application was dismissed.

The Tribunal found that it was established by clear and convincing evidence that the Applicant had had sexual intercourse with two persons under the age of eighteen and that the sanction of dismissal, together with a fine, were proportionate to the established misconduct. This conclusion was independent from the outcome of the judicial proceedings before the national courts of Kosovo with respect to the violation(s) of the CCK. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine(1) whether the facts on which the disciplinary measure was...

Receivability; The Tribunal was satisfied that the object of the application was sufficiently clear and determined that it was two-folded finding that: a)On the one hand, the Applicant challenged the deduction of 25% of his salary implementing the alimony order of a Kazakh court; and; b)On the other hand, the Applicant contested the Administration’s refusal to recognize his concerned daughter (El.) as his dependent for the purpose of the United Nations’ child dependency benefits.; With respect to the refusal to recognize child El. as the Applicant’s dependent for the purpose of the United...

Receivability The Tribunal noted that the time UNMIK’s Administration took to provide the Applicant with a copy of the outcome of his rebuttal, and to transmit the rebuttal panel’s report to OHRM in New York in order for it to be placed in the Applicant’s OSF, are both administrative inactions susceptible to affect the Applicant’s rights stemming from ST/AI/2010/5 (Performance Management and Development System). Almost twenty months elapsed between the completion of the Applicant’s rebuttal and UNMIK’s transmission of the rebuttal panel’s report to OHRM. During that period, the Applicant’s...

The Tribunal accepts the motion to withdraw the application on the terms requested. The parties are to be praised for the approach taken in this matter. The Tribunal, on its own motion, decided to anonymize this judgment considering that since the matter was amicably resolved, it was not appropriate for the Applicant’s name to be disclosed in a public document. The Applicant’s motion to withdraw the application is granted and this case is hereby closed, with, as requested, no right of reinstatement.