UNDT/2011/196, Neskorozhana

UNAT Held or UNDT Pronouncements

The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues—(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant’s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization’s obligation to regularly inform its employees concerning the various rules and regulations. The UNDT found that the requirements of urgency and irreparable damage were also satisfied. The application for suspension of action was granted.

Decision Contested or Judgment Appealed

The Applicant filed an application for suspension of action, pending the outcome of management evaluation, of the implementation of the decision to impose on her, pursuant to ST/AI/2010/4/Rev.1, a 31-day period of ineligibility for re-employment on a temporary appointment after the expiration of her current fixed-term appointment.

Legal Principle(s)

Break in service as administrative decision with continuing effect: The decision to impose a requirement of a 31-day period of ineligibility for re-appointment on a temporary contract has continuing legal effect on the applicant’s legal rights and therefore can be suspended

Outcome

Judgment entered for Applicant in full or in part

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Applicants/ Appellants

Neskorozhana

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