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UNAT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the UNAT judgment. UNAT held that there was no need to order execution as the judgment had been executed in full since the order of rescission did not require execution by the Secretary-General. UNAT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. UNAT held that there was no merit in Mr Kallon’s request for execution and, therefore, dismissed his request for costs against the Secretary-General for abuse...

As a preliminary matter, UNAT considered the Appellant’s daughters applications for intervention which argued that they had been deprived of their right to education due to their mother’s arbitrary separation from service, as their mother lost her only main source of income, including the education grant, and could not support their education. UNAT held that, pursuant to Article 3(1) of the UNDT Statute, the daughters did not fall within the categories of persons who had the standing to intervene, and denied the applications for intervention. On the merits, UNAT held that the Appellant failed...

Unlawfulness: There has to be evidence to establish that, at the very least, it is probable that the non-renewal decision of itself was unlawful. Irreparable harm: Harm is irreparable if it can be shown that suspension of the action is the only way to ensure that the applicant’s rights are observed. Although the applicant has expectation of fair treatment, any breach of due process in this case is capable of being compensated financially or by correction of the performance record. Should he be ultimately vindicated, he can get compensation for any losses arising out of defects in the...

A request for an administrative review or management evaluation is mandatory with the exception of disciplinary cases. It is clear from the applicant’s submissions that he was well aware that the decision to stop the payment of his salary and the decision not to renew his appointment are two distinct administrative decisions. The applicant failed to request an administrative review or management evaluation of the decision not to pay his salary. Outcome: The application is not receivable.

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...

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.

The procedures set out in ST/AI/2002/3 on the performance appraisal system were not complied with. While section 8.3 requires that as soon as a performance shortcoming is identified, the first reporting officer should discuss the situation with the staff member and take steps in consultation with him/her to rectify the situation, in the present case the Applicant received the rating “partially meets performance expectations” without being informed through the performance appraisal system of his shortcomings and thus without being given the opportunity to improve his performance. Since the...

Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant’s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent’s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...

Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant’s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent’s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...

This is particularly the case in employment within the United Nations which is highly valued. Once out of the system the prospect of returning to a comparable post within the United Nations is significantly reduced. The damage to career opportunities and the consequential effect on one’s life chances cannot adequately be compensated by money. Although the Applicant’s suspension of action did not specify a date until which the requested suspension of action should be applied, the UNDT granted it but limited it in time, per art. 13 of the Rules of Procedure of the Dispute Tribunal, to the...