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UNDT held that it was a case in which the host country was not forthcoming or did not provide reasons which justified the PNG decision. UNDT held that once the Organisation had verbally stated, determined and notified the Applicant that the allegations against her were not considered misconduct, it had a duty as per Hassouna (UNDT/2014/094) not to change the terms and conditions of her contract. UNDT held that the Secretary-General had the power to reassign the Applicant on an exceptional basis and should have done so. UNDT held that, according to Hassouna, the Organisation could not resort to...

UNDT held that the Settlement Agreement was properly before UNDT for its enforcement. UNDT noted that there was no special procedure prescribed by the UNDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. UNDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant’s contract. UNDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

it is undisputed that the Administration did not afford the Applicant written notice so he learnt about the non-renewal only upon the expiration of his fixed-term appointment. This practice, however, does not disable the right to seek review of the non-renewal decision by the UNDT. The Tribunal considers that the objective factual element as to the non-renewal of the Applicant’s appointment consists in the memorandum instructing the Applicant to commence his separation procedure, dated 4 January and delivered to the Applicant on 11 January 2016. Recalling that the Applicant sought information...

In light of the Respondent’s acceptance of the findings of the UN Ethics Office that the Applicant’s supervisor had engaged in retaliatory acts against the Applicant, the Tribunal did not examine or make any findings on the issue of liability for retaliation. The Tribunal’s review was limited to the issue of compensation. The Tribunal rejected the Applicant’s claim that the cancellation of her e-PAS and the failure to promptly issue another one negatively affected her ability to find other employment within the service of the Organization. The Tribunal found that the Applicant had not shown...

The Tribunal observed that the Organization had decided not to renew the Applicant’s appointment following his being declared persona non grata in Sudan. In practical terms, this could have necessitated redeployment of post, reassignment, administrative leave or, ultimately, non-extension of the appointment. Therefore, the Applicant’s claim to remain in office in the country where he was unwelcome was, in any event, unfounded. The Tribunal, further found that the Organization had fulfilled its legal obligations towards the Applicant and the impugned decision was lawful. Consequently, the...

The Applicant’s appointment was not renewed due to the reclassification of her post from G-4 to G-6 level, and there was a legitimate reason for the reclassification, and thus abolishment of the Applicant’s post. The Applicant has not met her burden of proving that the contested decision was biased or was motivated by other improper purposes. There was insufficient evidence that the Administration made a firm commitment or express promise to renew the Applicant’s fixed-term appointment. The Applicant having provided no evidence of any harm, there is no basis for an award for moral damages.

The Tribunal held that there is an appropriate correlation between the rating and the explanation as, in her comments, the FRO explicitly provides the factual bases for the negative performance rating. The Applicant never submitted a written statement to object against the performance rating and therefore the rating stands unchallenged. The Tribunal held that the Applicant failed to prove that UNJSPF did not act fairly, justly or transparently. The Tribunal held that it follows from the Applicant’s self-appraisal that she herself indicated that she had received guidance, feedback and training...

Having proposed closure of the Kisangani site to the General Assembly and the corollary budgetary reductions, the Respondent proceeded with the implementation of his proposal. Rather than reduce the term of the Applicant’s appointment, the Respondent opted instead to lighten the footprint in the Kisangani site by having those; whose services were no longer necessary to go home but without it affecting their benefits or entitlements. The natural consequence of this process was that the Applicant was left with no tasks to perform. While this may have been an unorthodox arrangement, nothing in...

Whether the non-renewal decision is supported by the facts Although, as the Applicant’s advanced, there was no documentary evidence explicitly showing that funding for the Pacific Project was to end in June 2017, other than the Respondent’s assertion that the Pacific Project received no funding beyond 30 June 2017, the Tribunal found that there were enough elements that taken together supported the budgetary reason behind the non-renewal of the Applicant’s appointment. The Tribunal noted, inter alia, that the Applicant and other ITC Officials were fully aware in February 2017 that the Donor...

Was the decision to abolish the Applicant’s post lawful? Given that the role of the Tribunal is not to decide whether the Administration chose the best course of action among those available to it and in the absence of evidence of illicit motive, the Tribunal finds that the decision to abolish the Applicant’s post was lawful. The Tribunal finds that the Administration has given reasons for the non-renewal of the Applicant’s contract and has shown that the decision was neither arbitrary nor improper. Did the Applicant have a right to “return to work” at the completion of her maternity leave...