51ÁÔÆæ

The context of the impugned decision was important because it was central to the Applicant¡¯s case that the decision to exclude her from the comparative review exercise which led to her separation, was made in bad faith, and that it stemmed from the conflict surrounding the decision to transfer her from the CAS Office to the Supply Section. The Applicant¡¯s case was that she was unlawfully excluded from the comparative review pool for Warehouse Assistants. The Applicant was transferred to the Supply Section despite her repeated protests and the explanation given was that the move was made to...

The complaint concerning the receivability of the decision not to grant the Applicant a continuing appointment was dismissed on two grounds. It was not receivable because the Applicant did not request management evaluation and secondly, because the Applicant was not in active service throughout the period of consideration as required by the provisions of section 2.6 of ST/AI/2012/3. The Tribunal found that the civilian staffing review conducted by the RSCE, resulting in the reduction of several posts, was conducted for a bona fide reason and its proposals were endorsed by the General Assembly...

As a staff member on an FTA, the Applicant had no right in law to have his contract renewed. The decision to abolish the post encumbered by the Applicant was taken for legitimate business needs in that it was within the discretion of the decision makers within OCHA to conclude that the functions being performed by the Applicant at the time were part of OCHA¡¯s core mandate and that there was not the need to have a dedicated unit to carry them out. Having arrived at this decision and having regard to the need to streamline services and effect the required cost savings it was legitimate for OCHA...

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...

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...

Regarding the merits, the abolishment of a number of posts was decided by the; General Assembly. This decision is outside the Tribunal¡¯s jurisdiction. The SecretaryGeneral¡¯s role was to implement it through identifying particular posts for reduction. In the process, the Applicant¡¯s post was so selected, which entailed the decision on termination of his appointment. The Tribunal¡¯s cognizance extends over reviewing the appropriateness of the steps which led to this decision, however, in so far only as they are attributed to the Secretary-General. Prima facie, the Tribunal finds no reason to...

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 Applicant did not show that the decision to not renew his appointment was tainted by improper motive or bias, or that the process leading up to the decision to abolish the post he encumbered was irregular or improper. The Respondent sufficiently demonstrated that the Mission acted appropriately under the circumstances before it.

Having proposed closure of the Kamina site to the General Assembly and the corollary budgetary reductions, the Respondent proceeded with the implementation of his proposal. The natural consequence of this process was that the Applicant was left with no tasks to perform. The decision did not amount to a de facto termination by cutting; short the Applicant¡¯s appointment. The appointment continued until the expiration date on 30 June 2019 but was not renewed due to the abolition of the post. There was nothing in the parties¡¯ submissions to show that the decision was perverse or tainted so as to...

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...