51ÁÔÆæ

UNDT found that the restructuring and the creation of the new post were undertaken in good faith and the decisions to abolish the applicant¡¯s post and to end his contract were proper. UNDT also found that the applicant was told about the new post and invited to apply. As to the failure to complete the work plan and performance evaluation reports, this was irrelevant because it was not the reason for the non-renewal of the applicant¡¯s contract, and, in any case, was due to the applicant himself. Outcome: The application was dismissed.

Outcome: The application was dismissed.

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...

There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.

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.

Performance evaluation: The Respondent followed the UNFPA Personnel Policy guidelines for the rebuttal process by having a review of the Applicant¡¯s appraisal by the Management Review Group (MRG) which conducted at least two reviews. However, since the second review was completed with insufficient time for the Applicant to submit a written statement of agreement to the Head of Office, wait for a response and then submit a written rebuttal, if necessary, the Respondent breached UNFPA policy requirements and the right to due process. The Applicant had a mandated right as a dissatisfied staff...

Scope of the case. The Applicant¡¯s claims of harassment, sexual harassment and abuse of authority presented to the JAB were not independent claims in and of themselves, but merely constituted support for the Applicant¡¯s contention that her due process rights had been violated in the context of the non-renewal and non-extension. Considering the posture of the case presented to the JAB and on review by the Dispute Tribunal, the Tribunal is without authority to re-examine the investigation into the Applicant¡¯s sexual harassment charges. Exceptional case. With respect to the determination whether...

No expectancy of renewal. Fixed-term contracts, such as the Applicant¡¯s in the present case, do not carry an expectancy of renewal, but a decision not to renew a contract may not be tainted by ulterior motives or extraneous considerations and reasons must be properly be supported by facts. Exception. While exceptions to the staff rules may be made, an exception would not be justified in the Applicant¡¯s case, because the Post that the Applicant¡¯s appointment was budgeted against had been filled by another staff member on a regular contract. Accordingly, with the Post no longer being vacant, the...

The Tribunal held that the presence of bad faith in some of the Respondent¡¯s actions concerning the Applicant stood out in bold relief. There was no doubt that the bad blood between the Applicant and her immediate supervisor created a ripple effect and alienated her from the Chief of ICTS. The testimony on why and how the recruitment process for VA 421846 had to be overhauled clearly reflected a blatant manipulation of the selection process set out in ST/AI/2006/3; a subversion and clear breach of United Nations Staff Rules. The Applicant did not make out a case with regard to her allegations...