51ÁÔÆæ

Considering that the Respondent¡¯s allegation that the Applicant¡¯s contract was not renewed for unsatisfactory performance during the period 2009-2010, the Tribunal noted that the rating ¡°Partially meets performance expectations¡± had been considered by the Rebuttal Panel as unfair and changed to ¡°Fully meets performance expectations¡±. In the light of this finding the Tribunal took the view that the decision not to renew the Applicant¡¯s contract on the ground of unsatisfactory performance for the year 20092010 was prima facie unlawful.

Prima facie unlawfulness Having reviewed the Applicant¡¯s performance evaluations, the Tribunal had doubts as to whether the Applicant¡¯s direct supervisors were indeed consulted before the lieutenants finalized and gave to the Applicant the performance evaluation forms on 9 June 2011. Absent an explanation from the Respondent on this particular point, these doubts had a direct impact on the lawfulness of the contested decision. If indeed the Administration did not follow its accepted and reasonable practice, the decision not to extend the Applicant¡¯s appointment due to his poor performance...

The Applicant claimed that: the decision was discriminatory and the decision-maker sought retribution for, inter alia, the Applicant¡¯s failure to choose the decision-maker¡¯s favoured candidate in a selection process; the matter was urgent due to the impending expiration of the Applicant¡¯s contract; and the decision would cause irreparable harm because the Applicant would lose his job and current livelihood. The Respondent contended that the application should be rejected outright because the Applicant did not pursue his claim with due diligence. The Respondent further argued that the Applicant...

The impugned decision was suspended until when the matter would be heard and determined on the merits.

Receivability of moot claims: Even before the Applicant submitted his application to the Tribunal, the Administration had extended the Applicant¡¯s contract beyond 30 April 2010 and it had informed him that his contract would be extended until the completion of his rebuttal. Accordingly, the application insofar as it concerns the decision to renew the Applicant¡¯s contract until 30 April 2010 was moot as at the date on which it was submitted to the Tribunal and it is therefore not receivable. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad...

The Tribunal held that the Organization has a discretionary power to organize its work and offices. However, it reiterated the general principle that such a power is not absolute; the Organization has the authority to reorganize an office and terminate a staff member¡¯s contract so long as that the decision is not tainted by extraneous factors or improper motives. Based on the facts and evidence adduced by the parties, the Tribunal found that the decision to phase out the programme for which the Applicant had been recruited had been made on the basis of an evaluation made by external...

He filed his request for administrative review on 2 December 2008 and his application before the Tribunal on 13 January 2010. The Tribunal found that the Applicant was first informed of the contested decision, in writing, on 5 February 2008, and that he also received written reiterations of the same decision in March and April 2008. The Tribunal found that the Applicant failed to request administrative review of the decision not to renew his contract within the applicable time limit and that the Tribunal was proscribed, under Costa 2010-UNAT-036, from waiving it. The Tribunal found that, even...

The Tribunal found that the Applicant¡¯s appointment of limited duration carried no expectancy of renewal and that there were no countervailing circumstances which could have created such expectancy. It also found that the reason for non-renewal, namely the negative impact that allegations then made against the Applicant in the local media could have on the Organization, was supported by the facts and that the non-renewal decision therefore constituted a proper exercise of the Secretary-General¡¯s discretion. Scope of discretion of the Secretary-General in non-renewal cases: It is within the...

The procedures set out in ST/AI/2002/3 on the performance appraisal system were not complied with. While section 8.3 requires that as soon as a performance shortcoming is identified, the first reporting officer should discuss the situation with the staff member and take steps in consultation with him/her to rectify the situation, in the present case the Applicant received the rating ¡°partially meets performance expectations¡± without being informed through the performance appraisal system of his shortcomings and thus without being given the opportunity to improve his performance. Since the...