UNAT Held or UNDT Pronouncements

UNAT held that, except for the Appellant’s own assertion, it found no evidence to show that he was a genuine whistle-blower. UNAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. UNAT held that the non-renewal of the Appellant’s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate him based on performance. UNDT found that the non-renewal of the Applicant’s appointment was a legitimate and proper exercise of discretion; the performance appraisal procedures had been correctly followed, and the Applicant’s rights to whistle-blower protection had not been violated. UNDT dismissed the application.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Koumoin

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement