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UNAT was not persuaded that UNDT erred in its judgment. UNAT held that, at the time of receipt of his settlement offer, the time limit to file the application to UNDT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. UNAT held that the exceptional suspension of time limits provided for under Article 8(1) of the UNDT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. UNAT held that the settlement...

The Appellant filed a notice of withdrawal pursuant to the terms and conditions of a settlement agreement. UNAT issued Order No. 188 (2014) noting the withdrawal and ordering the Registrar to close the case.

UNAT considered the consolidated appeals of judgment Nos. UNDT/2013/178 and UNDT/2014/041. The Appellant had filed Motions to Withdraw and Strike both of his appeals on the ground that mediation was successful and all claims/disputes were settled between the parties. UNAT granted the Appellant’s motions and directed the Registrar to close UNAT Case Nos. 2014-589 and 2014-621.

UNAT held that the nature of the contested decision before UNDT was not entirely clear. On the UNDT’s finding that the Appellant had not adduced any evidence in support of his claim that the Settlement Agreement was imposed upon him by duress and threats, and therefore must fail, UNAT found no error of law or fact in the decision and affirmed the UNDT judgment on this point. UNAT held that UNDT failed to deal with the Appellant’s claim of harassment and discrimination. UNAT held that the Appellant’s right to due process entitlement him to a fair hearing and a fully reasoned judgment of his...

The Appellant appealed judgment Nos. UNDT/2016/113 (UNAT Case No. 2016-972) and UNDT/2016/114 (UNAT Case No. 2016-973). UNAT consolidated the two appeals. The Appellant submitted a motion to withdraw her appeals following the successful conclusion of mediation discussions and the signing of a settlement agreement. UNAT recalled its jurisprudence that there was no reason to require a party to pursue an appeal he or she no longer deems necessary in the context of his or her case. UNAT granted the motion to withdraw the Appellant’s appeals and directed the Registrar to close both UNAT cases.

Ms Nielsen appealed judgment Nos. UNDT/2016/111 (UNAT Case No. 2016-964) and UNDT/2016/114 (UNAT Case No. 2016-969). UNAT consolidated the two appeals. Ms Nielsen submitted motions to withdraw her appeals following successful mediation discussions and the signing of a settlement agreement. UNAT granted the motions to withdraw the appeals and directed the Registrar to close both UNAT cases.

After Mr. Yousef’s appeal and the Commissioner-General’s cross-appeal had been submitted, Mr. Yourself filed a motion to withdraw the appeal based on the fact that an internal settlement had been agreed with UNRWA and the Commissioner-General filed a motion to withdraw the cross-appeal. UNAT directed the Registrar to close the case.

Noting the agreement between the Parties, and the Applicant’s notice of withdrawal, the Tribunal ordered that the matter be dismissed.

When the Tribunal is requested to exercise its jurisdiction under articles 2.1(c) and 8.2 of its Statute, the Tribunal’s competence is limited to verifying whether the agreement reached through mediation has been implemented.Outcome:

The UNDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate and without prejudice to the Applicant’s right, if necessary, to file an application under art. 2.1(c) of the UNDT Statute seeking to enforce the implementation of the agreement reached through mediation.