É«¿âTV

The Tribunal finds that the Respondent¡¯s explanation as to why the Applicant¡¯s post was the one chosen for abolition is well substantiated. There was a genuine large scale restructuring due to severe budget cuts, which resulted in other staff members being separated from service, including the Applicant, and there was a legitimate explanation for the recruitments and vacancies that were not cancelled. The presumption of regularity was satisfied. Since the Applicant cannot convincingly show why his post should not have been abolished even though the posts of dozens of other staff members...

The Tribunal observed that the Applicant¡¯s complaint involved one specific incident, i.e., a chain of emails where his performance was being criticized, which evolved into two managerial decisions by his supervisors: a transfer of functions and instauration of a PIP. The Applicant perceived those emails as harassment. However, for a staff member¡¯s behaviour to be punishable as constituting the disciplinary offence of harassment pursuant to ST/SGB/2019/8, the analysis of said behaviour must pass a two-fold test: it must be found ¡°improper and unwelcome¡± and ¡°might reasonably be expected or be...

Mr. Farhadi appealed. UNAT dismissed the appeal. UNAT dismissed Mr. Farhadi's request for compensation for the UNDT's delay in delivering its Judgment within a reasonable timeframe. UNAT noted that Article 9(1)(b) of the Appeals Tribunal Statute authorises the Appeals Tribunal only to award compensation for harm deriving from an administrative decision, not from a delay in the UNDT¡¯s proceedings. UNAT dismissed Mr. Farhadi's contention that the UNDT shifted the burden of proof. UNAT was satisfied that the UNDT had assessed all the elements of evidence in the record and correctly found that...

The Secretary-General filed an appeal. UNAT granted the appeal and vacated the UNDT Judgment. UNAT held that while the determination of which staff members should be compared is ¡°primarily guided by the functional title as per the staff member¡¯s letter of appointment¡±, there can be cases where the functional title does not reflect the actual functions performed as in the present case. In these circumstances, the CHRO must determine which individual falls into which occupational group. Ms. Barud¡¯s role and functions changed in May 2018 to a Facilities Management Assistant. Therefore, at the...

UNAT considered an appeal by the Secretary-General. UNAT held that it would not approve the award of compensation when absolutely no harm had been suffered. UNAT agreed with the UNDT that a staff member had the right to be informed of administrative decisions affecting them, however, UNAT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. UNAT vacated the part of the UNDT judgment awarding compensation.

UNAT considered an appeal by the Secretary-General. UNAT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. UNAT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. UNAT...

UNAT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. UNAT held that UNDT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT noted that there was no evidence to support the Appellant¡¯s allegations that the statements of her witnesses were used in their entirety by UNDT and, even assuming that the UNDT had been in breach of its rules of procedure by making those statements, UNAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. UNAT held that the Appellant¡¯s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that UNDT...

Although the Administration failed to take into account the Applicant¡¯s upgraded performance appraisal, UNAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. UNAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the UNAT Statute. UNAT allowed the appeal in part, modifying the UNDT...

UNAT addressed the staff member¡¯s appeal seeking reversal of the UNRWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. UNAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. UNAT held that the Appellant¡¯s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. UNAT held that UNRWA DT was correct in finding that the Agency¡¯s extension of the Appellant¡¯s...