51ÁÔÆæ

The Tribunal found that the performance appraisal followed by the rebuttal process had been done in respect of the rules and procedures applicable to UNDP. Based on the documentary evidence, it was the view of the Tribunal that, as a matter of fact, the Management went out of his way to afford the Applicant with as much latitude as possible to comment and challenge the rating of ¡°partially met expectations¡±. With regards to the Applicant¡¯s allegations of harassment, retaliation and discrimination, the Tribunal found that both the UNDP Ethics Office and the UN Central Ethics Office followed the...

Since the applicant, in a timely manner, addressed his requests to competent officials within the former system of internal justice and followed the advice received from them, it was beyond his control that he did not file his request for administrative review within the time limits; therefore, exceptional circumstances are given. In view of the provision of the letter of appointment quoted above, no termination was possible without keeping a thirty days notice period. The decision to terminate the appointment with immediate effect is in noncompliance with the applicant¡¯s terms of appointment...

The applicant was entitled to be immediately informed or placed in the same position as he would have been had he been immediately informed. The failure to give timely notice, given the history of the case, gave rise to the legitimate expectation that the contract would be renewed. Outcome: Held that the applicant had no legitimate expectation of renewal of his contract and that decision not to renew was based on proper grounds and was not affected by irrelevant considerations. Held also that the applicant was entitled to be informed of the decision that he was regarded by the Organization as...

The application is prima facie not receivable before the UN Dispute Tribunal as it was filed, without leave, on 2 February 2010 and relates to a decision taken on 10 January 2008. The application was not pending before the former UN Administrative Tribunal when it ceased operations on 31 December 2009 and accordingly, this is not a case transferred from the UN Administrative Tribunal. No extension or waiver is granted and the application is rejected in its entirety.

Once appeal is withdrawn there is no longer any matter for adjudication before the Tribunal.

None.

The applicant had a real and substantial chance of appointment of around 50 percent and that the appointment would have lasted until his 2010 retirement date. USD2,000 nominal compensation awarded for loss of the chance to work in New York.

Outcome: The application was dismissed in its entirety.

The Tribunal finds that the circumstances appertaining at the time of recruitment of the Applicant created a legal expectancy of renewal. The decision not to renew the Applicant¡¯s contract was arrived at in breach of her rights to due process. The Applicant is entitled to compensation for losses incurred as a direct consequence of the non-renewal of the contract subject to the duty to mitigate.

The process leading up to the termination decision. A human resources office, such as OHR, has the obligation to ensure that its administrative decisions are taken on a proper factual basis and, if necessary, make the necessary enquiries to ensure this to protect the affected staff member¡¯s rights. OHR failed to inform the Applicant and the relevant medical advisors about the consequences of her being declared disabled by UNSPC and about her possible alternatives. OHR also failed to delay the examination of the Applicant¡¯s case by UNSPC. All these circumstances breached the Applicant¡¯s rights...