51³Ô¹Ï

UNDT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. UNDT held that the contested decision in the present case did not appear to be prima facie unlawful. UNDT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. UNDT also held that the decision of non-renewal was not an improper exercise of discretion. UNDT held that there was no evidence that the non-renewal...

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...

The Tribunal is satisfied by the evidence tendered before it in respect of the Applicant’s chronic absences. The Tribunal is not convinced that the reasons proffered by the Applicant to explain his unauthorized absences were beyond his control. The Tribunal considers that the Applicant was given ample opportunity to address this performance shortcoming. The Tribunal is satisfied, in consideration of the requirements of section 8.3 of ST/AI/2002/3, that the ICTR Administration had taken steps to rectify the situation in respect of the Applicant’s chronic absenteeism.

The early termination of his contract was not based on a proper or lawful evaluation of the Applicant’s performance. In the absence of a comprehensive and fair performance evaluation done at the time, the reasons given by the Respondent cannot be regarded as cogent or reliable because the Applicant did not have an opportunity to refute, answer or rebut them. They therefore represent just one side of the story and, however strongly felt by the Respondent, are not a reliable basis for a lawful termination of the contract before its expiry date. This is not a question of improper motivation...

Whether the decision was prejudiced, arbitrary and based on abuse of authority and improper motives: Apart from one letter in which he complained bitterly about the leadership of the CMS, the Applicant did not lead any evidence to substantiate this claim. Therefore, the Tribunal found this claim to be without merit Whether the Applicant had a legal expectancy/legitimate expectation of renewal: Pursuant to ST/AI/404, mission detail, as any other assignment in the Organization, is at the discretion of the Secretary-General. The Tribunal found that the actions of the Respondent were not of such a...

The applicant did not have a legitimate expectancy of renewal. No express promise by the Administration could be found. Had there been one, the letters of appointment signed by the applicant explicitly state that fixed-term appointments do not carry any expectancy of renewal. No promise could override the clear words of the letters of appointment signed subsequently. It cannot be stated that the non-renewal decision was based on improper motives or otherwise constituted an abuse of discretion. The Organization was not bound to give any justification for not extending the applicant’s fixed-term...

In general, there is no right to renewal of appointment for staff members serving on a temporary appointment. In the case at hand, no improper motives neither countervailing circumstances existed which may have tainted the contested decision with illegality. The reasons for that decision - no budgeted or approved posts of Language Assistant, Interpreter or Translator at his level in UNAMI, abolislnnent of the post - are acceptable. Although the Organization was not obliged to find alternative employment for the applicant as a staff member holding a temporary appointment, a bona fide effort was...

The decision to remove the Applicant from the position of Rule of Law Project Manager: The UN Charter expects all staff members to conduct themselves in accordance with the highest standards of efficiency, competence and integrity. Further, there is implied into every contract of employment a term of mutual trust and confidence between employer and employee, which means that both parties must act responsibly and in good faith. Where the employer acts unilaterally in removing an important part of the employee’s functions, the employer would have repudiated the contract of employment. The...

The applicant was entitled to be immediately informed or placed in the same position as he would have been had he been immediately informed. The failure to give timely notice, given the history of the case, gave rise to the legitimate expectation that the contract would be renewed. Outcome: Held that the applicant had no legitimate expectation of renewal of his contract and that decision not to renew was based on proper grounds and was not affected by irrelevant considerations. Held also that the applicant was entitled to be informed of the decision that he was regarded by the Organization as...

The Tribunal finds that the circumstances appertaining at the time of recruitment of the Applicant created a legal expectancy of renewal. The decision not to renew the Applicant’s contract was arrived at in breach of her rights to due process. The Applicant is entitled to compensation for losses incurred as a direct consequence of the non-renewal of the contract subject to the duty to mitigate.