Probationary appointment

UNAT disagreed. First, the Tribunal reasoned that the JAB did not engage in a critical analysis of the facts of the case and did not apply the law to the facts in order to ascertain whether the exercise of discretion was lawful. UNAT concluded that the JAB Decision was arbitrary and did not meet the minimum requirements of providing a reasoned analysis. Second, on the merits, UNAT found the Administration did not notify the staff member of his shortcomings in sufficient time. Neither did It provide the staff member with explicit measures against which his performance would be evaluated. Third...

The Applicant also contested the adequacy of compensation paid to her for having been placed in a hostile work environment. The UNDT found that the Administration was obliged, at the expiration of the three years, to make a decision to either separate the Applicant or to grant her a permanent appointment. The Administration’s reliance on former staff rule 112.2(b) (on exceptions to staff rules) to further extend her probationary contract was improper as the procedural requirements of that staff rule were not met as the Applicant did not agree to the extension. The UNDT found that the...