Since a PIP was not put in place prior to the expiry of the Applicant’s fixed-term appointment, she could not rely on section 10.5 of ST/AI/2010/5 for the renewal of her contract. The Administration extended the Applicant’s contract several times despite her refusal to accept the offers of contract extension. These extensions were deemed contrary to a strict application of the requirements of section 4.4 of ST/AI 2013/1 and inconsistent with administrative regularity. However, MONUSCO continued to extend the Applicant’s contract in the hope of persuading her to cooperate with the PIP. It was...

From both the testimonies and the documentary evidence before the Tribunal, it found as established that the dire financial situation at UNDP KCO, as it related to the “11888 fund”, was the reason for the non-renewal of the Applicant’s contract. The Applicant did not produce any evidence allowing the Tribunal to conclude that at the time of the contested decision, the “11888 fund” still had funds to allow the Organization to renew her contract. While it is not contested that an incident occurred during the mission to Rwanda in 2014, the Tribunal does not find that the testimonies and...

Receivability; The application is receivable ratione personae. After accepting the offer of employment, the Applicant effectively started to perform the functions of Senior Economic Affairs; Officer, ECE, on 1 May 2017. The Organization thus treated him like a staff member, although he was not eligible to apply and be selected for the position and no letter of appointment was signed. As a result, the Applicant is legitimately entitled to rights similar to those afforded to staff members, for the purpose of being granted access to the internal justice system of the United Nations.; Merits; The...

The Administration, contrary to its own policies, took into account the Applicant’s functional title only without considering his actual functions vis-à-vis the other P-4 posts in the JAOC. By neglecting to look beyond the Applicant’s functional title, the Administration unlawfully determined that the Applicant would be subject to a dry-cut. Significantly, the Applicant held a continuing appointment. Thus, applying the UNMIL Guidelines to the present case, the Applicant should have been automatically retained since there were, at the time of this application, other P-4 staff members in his...

UNDT held that the request for management evaluation was not time-barred. UNDT held that the rules and procedures applied to establish the Applicant’s EOD date were due consequences of the fact that she had been reappointed in 2008. UNDT held that the choice of reappointment as modality of the Applicant’s move was borne out by personnel actions of separation and reappointment and acknowledged by her in the memorandum of understanding with respect to annual leave from 2008. Accordingly, UNDT held that the matter was outside the temporal jurisdiction of UNDT. UNDT held that the EOD date as...

UNDT held that the decision to extend the Applicant’s fixed-term appointment with effect from 11 September 2015 until 29 February 2016 was irreceivable because the Applicant failed to submit a request for management evaluation of the decision. UNDT found no basis for the Applicant’s claim that his appointment had been converted into a continuing one. UNDT held that the procedural irregularity in issuing the retroactive fixed-term appointments could cause vexation but did not amount to a serious violation of rights. UNDT held that the delays did not entail an ex lege conversion to a continuing...

The Tribunal noted that the starting point for the Tribunal’s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-UNAT-359 and Ademagic et al. 2016-UNAT-684, which remanded the decisions on the conversion of the Applicants’ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal noted that the starting point for the Tribunal’s review of the legality of the contested decisions is the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-UNAT-359 and Ademagic et al. 2016-UNAT-; 684, which remanded the decisions on the conversion of the Applicants’ fixed-term appointments to the ASG/OHRM for reconsideration.; The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal reviewed the evidence on record and found that the Organization followed the instructions provided by the Appeals Tribunal in Gueben et. al. 2016-UNAT-692, and properly considered the Applicant’s suitability for a permanent appointment in the reconsideration exercise that led to the contested decision of 17 March 2017. According to the evidence on file, the Administration assessed the Applicant’s qualifications, competencies and transferable skills while taking into account the overall interests of the Organization. Considering that UNKART is a downsizing entity, the Tribunal...

1)Disciplinary sanction The Applicant failed to disclose that her husband had been employed by UNICEF vendors during the Applicant’s employment with UNICEF and these material facts on which the disciplinary measure was based have been sufficiently established and were not in dispute between the parties. The legal framework is sufficiently clear in determining that a conflict of interest may exist even where there is only the possibility that the staff member or the private business with which he or she may have association could benefit from such association. The Administration properly...