51ÁÔÆæ

As a preliminary matter, the Appeals Tribunal found that Mr. Radu had failed to demonstrate exceptional circumstances to support his request for anonymity and accordingly dismissed his request.

The Appeals Board dismissed Mr. Radu¡¯s appeal in relation to Appeals Board Decision No. 1. The Appeals Tribunal found that even if the Staff Rule was to be interpreted as to require consultation with the Medical Clinic at that time, the Organization¡¯s failure to abide by the Staff Rule would not render the decision void ab initio.

Turning to the appeal against Appeals Board Decision No. 2 to...

The UNAT held that the UNDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance. The UNAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard. The UNAT observed that he had received ¡°partially meets performance expectations¡± for two performance cycles, and ¡°does not meet expectations¡± for the most recent performance cycle. He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...

The UNAT declined Mr. Turk¡¯s request for an oral hearing, and found no error in the UNDT¡¯s decision not to order the production of additional documents.

The UNAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The UNAT also confirmed that the Tribunals will not interfere with the Organization¡¯s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the UNAT held that the...

The UNAT held that the UNDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the UNAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The Applicant was found suitable for available positions. Indeed, for one job opening, he was one of the eight candidates short-listed and convoked to interview. By shortlisting him, the Administration tacitly acknowledged that he was deemed suitable for the position; per Timothy UNDT/2017/080, as a continuing appointment holder facing termination, the Administration was obliged from that point to consider his candidacy on a preferred, non-competitive basis.

The Tribunal found that the Administration failed in its obligation to make good faith efforts to absorb the Applicant into a new post...

To determine the lawfulness of the contested decision, the Tribunal examined the following issues:

a. Whether the Applicant¡¯s performance was evaluated in a fair and objective manner.

The Tribunal noted that the contested decision was based on the Applicant¡¯s records for the performance cycles of 2018-2019, 2019-2020, and 2020-2021. The Applicant received a rating of ¡°partially meets performance expectations¡± for the 2018-2019 and 2019-2020 cycles and a rating of ¡°does not meet performance expectations¡± for the 2020-2021 cycle.

The Tribunal reviewed the Applicant¡¯s performance evaluations...

The Tribunal decided on its own initiative and in accordance with art. 9 of its Rules of Procedure, to adjudicate the present application by way of summary judgement.

The Tribunal noted that in accordance with art. 8.4 of the Tribunal¡¯s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant¡¯s receipt of the contested administrative decision. The Applicant filed her application on 5 March 2023 indicating that the contested decision was made in October 1995, that is, more than 27 years earlier. Consequently...

In determining the lawfulness of the contested decision, the Tribunal examined the following issues:

a) Whether the Applicant's performance was evaluated in a fair and objective manner.

The Tribunal noted that the contested decision was based on the Applicant¡¯s records for the 2019-2020 and 2020-2021 performance cycles.

The Tribunal reviewed the evidence on record and noted that during the 2019-2020 performance cycle, the Applicant was advised on multiple occasions to improve his work ethic and productivity. At the end of the 2019-2020 performance cycle, the Applicant was assessed as...

UNAT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. UNAT thus granted the Secretary-General's appeal and reversed the Second Judgment.

UNAT found not receivable Mr. Mukhopadhyay¡¯s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. UNAT found that he had made these claims for the first time on appeal and was...

As a preliminary matter, UNAT held that the Joint Appeals Board (JAB) had provided a decision as required by Article 2(10) of the UNAT Statute and therefore UNAT had jurisdiction to hear the appeal. Further, UNAT held that an oral hearing would not assist with the expeditious and fair disposal of the case as required by Article 18(1) of the UNAT Rules of Procedure and therefore denied the request for an oral hearing. UNAT held that there was no error in the JAB¡¯s decision affirming the contested decision of wrongdoing following the Appellant¡¯s failure to report to work and holding of...