51ÁÔÆæ

Break in service: The Tribunal has not found a policy on mandatory breaks in service and no document has been produced recording it. The respondent has failed to demonstrate a consistent application of the practice of enforced separation between temporary contracts. Further, there was a deliberate delay in progressing the appointment of the applicant which was to her detriment. Compensation: The applicant is to be placed in the position as if there had been no such break in service in May 2008. The manner in which the applicant was treated, aggravated by the exercise of an abuse of power...

There was substantial impact on the applicant¡¯s life and work, which was both foreseeable and a direct result of the breach. Injury to career prospects: It is reasonable to infer that the applicant will probably be promoted in due course and that this prospect has been delayed by his failure to achieve the position in Geneva. This is economic loss. The court proceedings were burdensome, stressful, and time consuming, but this matter is inextricably involved with the denial, up to the judgment, of the applicant¡¯s rights, and will be sufficiently recompensed as part of the award for the breach...

The Tribunal finds that both appraisal processes are tainted with procedural flaws. The first performance appraisal did not result in new ratings being given by the rebuttal panel. The second performance appraisal was based in part on the earlier assessment and it did not give sufficient time to the Applicant to improve his performance. Though the Administration is not bound to apply administrative instruction ST/AI/2002/3 to evaluate the performance of 300 series staff members, once it has decided to apply the administrative instruction, the latter must be fully complied with. In the present...

The main issue was whether time taken off during part of the workday should be counted towards the ¡°scheduled workday¡± and actual work (¡°hours of work¡±) requirements when calculating compensatory time off or additional payment for overtime. UNDT found that time spent on annual leave, sick leave, or compensatory time off is not included in the actual work time, but is counted towards the scheduled workday. UNDT found that DGACM¡¯s application of Appendix B to the former Staff Rules was correct and that the Applicants failed to explain how the allegedly unlawful amendments to DGACM¡¯s policy and...

UNDT reiterated that, as it had held in Adorna UNDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. UNDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

The Tribunal will not order the Applicant¡¯s reinstatement as were the original harm repaired, the Applicant¡¯s appointment would already have ended. While the evidence before the Tribunal suggested that extensions of secondments beyond the five-year limit were possible under UNDP policy, the Tribunal was not convinced that it was probable in this case. Therefore, the Tribunal held that the renewal would have been limited to the five-year restriction and compensation was warranted for that period, less the Applicant¡¯s actual income. Account is taken of the context of the contractual breach i.e...

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...

The Secretary-General¡¯s decision to allow the applicants to resubmit their cases to the CAC within 90 days was reasonable and fair. The CAC is the legitimate and appropriate body to hear the applicants¡¯ request for a review of a reclassification decision. In view of the JAB¡¯s report, the lack of information provided during the period in question and the respondent¡¯s silence in explaining the delays in the period from 2000-04, the Tribunal finds that compensation for the excessive delay in responding to the original request for reclassification is warranted, as is compensation for the breach of...

In the present judgment, UNDT found that, in light of the circumstances of this case, the three months¡¯ net base salary paid to the Applicant for the lack of due process on the recommendation of the JAB report was insufficient. UNDT found the procedural unfairness to be so grave that it warranted additional compensation in the amount of USD15,000 for the breach of the Applicant¡¯s procedural rights. With respect to compensation for actual economic loss, UNDT held that the Respondent shall compensate the Applicant for the actual economic loss incurred by her and that the actual economic loss...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. While the Tribunal can only examine the legality of a decision which has been subject of a request...