51³Ô¹Ï

The application was withdrawn by the Applicant.

Compensation: The elements of Applicant¡¯s compensation were: applicable salary, plus post adjustment, less staff assessment, less pension contribution made by Applicant, less amounts paid to Applicant on separation, less mitigation damages earned by Applicant, plus accrued vacation, plus personal distress award of USD4,000, plus e-PAS violation of USD6,000. Pension: Since, based on the facts from Beaudry UNDT/2010/039, it was unlikely that the Applicant would have had her contract renewed until her retirement, the Applicant would not have qualified for any retirement benefits, including...

The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...

Having received no application by the deadline imposed, the undersigned Judge finds that this case is hereby closed.

Case 1. Mere knowledge of or acquaintance with one or more candidates by an interview panel member does not disqualify her or him from being on the panel. It would be otherwise if there were a personal relationship (such as family or friendship) with or personal antipathy for a candidate. The practical apprehension that objective and independent assessment will be adversely affected, quite apart from any issue of fairness, is improper. Where a panel member has another interest that could significantly affect his or her assessment, this should also require exclusion from the panel. In this case...

There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.