Outcome: The application was rejected. The UNDT found that the Applicant failed to establish a factual basis for her alleged expectation that her contract would be renewed, that she would be given a regularized position, or that she would be placed on special leave without pay at the expiry of her contract. The UNDT therefore found that the decision not to renew the Applicant’s temporary appointment was not unlawful.
Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General’s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...
Roster candidates: The fact that a candidate is rostered does not prevent the hiring manager from conducting a selection process and it does not give the roster candidate any kind of priority. Assessment methods: Hiring managers have large latitude in choosing the methods used to assess candidates, taking into account the technical requirements of the post. In particular, resorting to subject matter experts to evaluate work samples of the candidates is in accordance with the rules of the staff selection system. Scope of judicial review: It is not for the Tribunal to substitute its own...
In the absence of a decision to abolish the post, there can be no suspension of such decision. The Tribunal finds the Applicant has failed to articulate that the implementation of the contested decision would cause him any harm that could not be compensated by an appropriate award of damages in the event of his success in the substantive case. The application for suspension of action would therefore fail on this ground alone. There was not a single averment regarding the prima facie unlawfulness of the alleged decision to abolish the post other than generalisations made regarding an attempted...
The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant’s reliance on UNAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...
In this case, the Applicant filed an application for revision of the judgment out of time. A decisive or material fact is one that was not known at the time the judgment was given. That fact must be of significant weight such that its application to the case should lead to a revision of the judgment.The Applicant was investigated and later summarily dismissed by UNHCR on allegations of corruption in refugee processing in the Nairobi office of UNHCR. The Applicant was also arrested by the Kenyan Police and charged in a Kenyan Court with various criminal offences, however, the Applicant was...
Grounds for non-renewal: No provision requires the Administration to give the reasons for a non-renewal decision. However, when a staff member contests the non-renewal of his or her contract before the Tribunal, the Organization must provide the reasons for this decision and the staff member has the right to contest the legality of the same.Discretionary power and scope of judicial review: The Administration has discretion to organize its services and thus to finance or not a programme. It is not for the Tribunal to assess the correctness of this kind of decisions.Burden of proof of extraneous...
Outcome: Judgment for the Applicant. The UNDT ordered: (i) USD50,000 for the breach of the Applicant’s right to be properly considered for an appointment beyond 31 December 2005 and resultant harm; (ii) USD20,000 for anxiety and emotional distress. The Tribunal finds that the Respondent failed to give full, fair, and proper consideration to the Applicant’s candidacy, contrary to the unanimous recommendation of the Bureau of the COP. The UNDT found that had the Respondent followed proper procedure and afforded proper consideration, the Applicant stood a significantly high chance of receiving an...
The Applicant contends that the decision not to renew his fixed-term appointment was based on irregularities, errors, omissions and favoritism and that it is discriminatory in nature and in violation of ST/AI/2010/5, however, he failed to give particulars of the irregularities, errors, omissions and favoritism which he alleged made the decision not to renew his fixed-term contract unlawful. The Applicant has failed to satisfy the first requirement of a suspension of action application, which is to show the prima facie unlawfulness of the contested decision.
Organization of work and discretion of the Secretary-General: The Secretary-General has wide discretion in the organization of work. It is not for the Tribunal to substitute its own views to that of the Secretary-General on how to organize work and meet operational needs. Decisions in this sphere may be set aside only on limited grounds, for example if the competent authorities breached procedural rules, or if discretion was exercised in an arbitrary, capricious, or illegal manner.Eligibility for consideration for conversion to permanent appointment: Pursuant to provisional staff Rules13.4 (b)...
