UNDT/2014/110, Weerasooriya

UNAT Held or UNDT Pronouncements

The Tribunal found that the Administration violated the rights of the Applicant by not including the PAD cycle year 2009 when making the termination decision in July 2010. The Tribunal ordered the rescission of the contested decision and compensation for material damage equivalent to the loss of salary until her early retirement date on 1 May 2011. When terminating a contract for unsatisfactory service, the PAD reports to be taken into consideration must be the ones immediately preceding the non-renewal decision, so the PAD cycle years 2007, 2008, and 2009 for a termination decision made in July 2010. The UNFPA policy on staff evaluation does not concord with the staff regulations and rules, thus the UN Secretariat policy on staff evaluation should have been used instead or in parallel by UNFPA.

Decision Contested or Judgment/Order Appealed

The termination of the applicant’s permanent contract as an Assistant Representative in Sri Lanka for unsatisfactory service evaluated in three successive performance appraisal development (PAD) reports, for the cycle years 2006, 2007, and 2008.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Both financial compensation and specific performance

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Full judgment

Applicants/Appellants

Weerasooriya

Entity

UNFPA

Case Number(s)

UNDT/NY/2011/009

Tribunal

UNDT

Registry

New York