51ÁÔÆæ

Role of Managers in the United Nations - A manager in the United Nations Organization is not supposed to set his or her supervisee up for failure as was done in this case. Rather, the manager has a duty to help the supervisee by affording him or her opportunity to improve in any area that his or her performance is found unsatisfactory. Duty to give reasons for non-renewal - The Respondent has a duty to provide reasons for the non-renewal of contract when requested by the affected staff member. The reasons proffered by the Respondent for the non- extension of the Applicant¡¯s TA contract are not...

The UNDT found that the decision to deny the Applicant¡¯s request for advance home leave was unlawful and ordered the Respondent to correct the Applicant¡¯s personnel file to reflect the home leave points she accrued while working on temporary appointments, and to pay her material damages in the amount of USD1,543.04, in compensation of the price she paid for her flight ticket. Transition from a temporary to a fixed-term appointment: Sec. 1.2 of ST/AI/2010/4/Rev.1 indicates how the Organization shall proceed when granting a fixed-term appointment after a temporary appointment. However, it does...

The Tribunal found that the main issues for determination in this matter were 1) whether a temporary job opening limited to ¡°local recruitment only¡± is lawful, and 2) if the Applicant¡¯s candidature was given full and fair consideration. On the first issue, the Tribunal found that the Respondent¡¯s argument that pursuant to section 1.1 of ST/AI/2010/4 Rev.1 (Administration of temporary appointments) the Organization may limit temporary job openings to local recruitment cannot stand. It also found that there were no legal grounds for the Respondent¡¯s assertion that limiting temporary recruitments...

The ST/AI stipulates a condition attached to the entitlement of the payment of the balance of the relocation grant, namely that the payment of the balance of the relocation grant shall be made only when an extension of the assignment occurs at least six months prior to the expected end of the assignment at the duty station. The extension having occurred approximately three months before the end of the assignment, UNDT held that the Applicant is not entitled to the balance. The fact that the Applicant submits that nobody advised him of this condition in January 2018, six months prior to the...

The evidence shows that the Applicant was put on notice of her performance shortcomings orally during the period of the first performance appraisal and in writing thereafter. The Applicant continued to receive feedback on her appraisal throughout the period of the second appraisal. The Applicant elected to submit a written explanatory statement which, as agreed with the Management Evaluation Unit, was included in her Official Status File. In conclusion, the evidence shows that while some procedural irregularities occurred in the recording of the Applicant¡¯s performance,t eh overall evaluation...

The contested decision arose from an agreement signed on 21 April 2020 between the Applicant and UNICEF to terminate her appointment. If the Applicant had wished to contest the circumstances of her termination agreement, she ought to have requested management evaluation by 20 June 2020. She however, submitted her request on 18 January 2021, almost seven months later, and outside the 60-day period. The request for management evaluation was time-barred and thus the application was not receivable.

The Applicant has not shown that the negative employment decision had any direct adverse consequences on her contract. The Applicant¡¯s argument that the decision was used by the Administration not to renew her temporary employment is without merit. She has not adduced any evidence to substantiate her claim. On the contrary the Respondent has shown that the temporary employment expired at the end of the maximum 364 days offered in the contract. The Applicant has failed to convince the Tribunal that the decision not to renew her temporary employment was a direct consequence of the decision from...