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The Tribunal found that the Applicant’s separation was lawful. Insofar as the determination that the Applicant was fit to work on the date of his separation from service had been made through the statutory mechanisms specially designed to settle sick leave related matters, and in conformity with the established procedures, the Organization was not bound, under sec. 4.9 of ST/AI/2013/1, to further extend his contract, regardless of whether he still had a balance of sick leave days. The Tribunal also held that, while there was an excessive delay in notifying the Applicant of his separation, he...

Reason for non-renewal; It is commonplace that once the Respondent gives a staff member a reason for the nonrenewal of contract, such a reason must be supported by facts (Islam 2011-UNAT-115); The fact that the Respondent conceded that he could not demonstrate the lack of funds leading to the non-renewal of the Applicant’s contract leads the Tribunal to draw the negative inference that UNICEF PCO had decided not to renew the Applicant’s contract based on other reasons that were disclosed neither to the Applicant nor to this Tribunal.; Furthermore, the Tribunal does not find that the fact that...

The decision not to renew the Applicant’s fixed-term appointment

The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant’s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant’s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant’s fixed-term appointment, namely that she...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant’s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant’s contract, constitutes a separation...

The Tribunal concluded that the decision to separate the Applicant was discriminatory, constituted abuse of authority and was therefore unlawful because of the apparent bad faith on the part of the Applicant’s supervisor in initiating and concluding a new recruitment contrary to the Civilian Staffing Review recommendation, and her unauthorized nationalization of the Applicant’s post one year before the approved date. To ensure the Applicant’s continuity of service when decisions are being made about her eligibility for a continuing appointment and after service health insurance, the Tribunal...

To determine the legality of the contested decision, the Tribunal examined: Whether the first PIP complied with the applicable rules The Tribunal found that the duty to inform the Applicant of his shortcomings and to assist him in improving his performance was fulfilled by his supervisors, particularly the FRO. The documentary evidence and the testimonies during the hearing showed that the Applicant was made aware early on and on different occasions of his performance shortcomings and confronted with them. Efforts were also made to clarify the goals to achieve and to provide support to the...

From both the testimonies and the documentary evidence before the Tribunal, it found as established that the dire financial situation at UNDP KCO, as it related to the “11888 fund”, was the reason for the non-renewal of the Applicant’s contract. The Applicant did not produce any evidence allowing the Tribunal to conclude that at the time of the contested decision, the “11888 fund” still had funds to allow the Organization to renew her contract. While it is not contested that an incident occurred during the mission to Rwanda in 2014, the Tribunal does not find that the testimonies and...

The application was moot because the contested decision was effectively rescinded and superseded by subsequent renewals of the Applicant’s appointment. The application was dismissed.

UNDT held that the Applicant had not met the evidentiary burden of showing that the Administration made an express and firm commitment in writing to extend his appointment and that conversely, the evidence showed that, in accordance with its Transition Plan, the Mission had no intention of maintaining the Applicant’s post and proceeded with the downsizing. UNDT held that the Report of the Advisory Committee on Administrative and Budgetary Questions did not require UNOCI to renew the Applicant’s appointment, neither did it alter UNOCI’s obligation to implement the phased drawdown in accordance...

The Respondent complied with the audi alterem partem principle, which ensures that a party adversely affected by an administrative decision has the right to know, the opportunity to comment on, and the ability to answer the case against him or her. The Applicant was well aware of the complaints that were lodged against him, was confronted with each claim and responded thereto, was repeatedly warned about his unprofessional behaviour and performance issues yet failed to heed to these warnings. The decision not to renew the Applicant’s contract due to poor performance was lawful. The Applicant’s...