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The Applicant having failed to establish any illegality, procedural irregularity, bad faith or improper motivation in the Respondent’s taking of the decision not to accept her request to withdraw her resignation, the application had to fail.

Had the Respondent not exercised his discretion to reject the Applicant’s request to withdraw her resignation, he would have been compelled to rescind selection decisions already communicated and accepted by three other staff members. This would have constituted a breach of the employment contracts of the three staff members. This breach would have...

The Tribunal ordered rescission of the administrative decision to separate the Applicant from service. The Tribunal awarded the Applicant compensation for the substantive and procedural irregularities occasioned him by the failure of the Administration to follow its own guidelines, rules and procedures. Ultra vires - It was not within the competence of the Mission Leadership Team of UNMISS to leave its role of implementing the new mission’s mandate in order to dabble into matters of human resource management and the transitioning and de-transitioning of staff from the old mission to the new...