Separation from service

The Dispute Tribunal found that the contested decision was lawful and rejected the application. Application of ST/AI/2010/5 on Performance Management and Development System: This administrative instruction does not apply to UNFPA, which is a separately administered fund, as it has not explicitly accepted its applicability, as per ST/SGB/2004/9 on Procedures for the promulgation of administrative issuances. Obligation to provide an opportunity to improve performance prior to non-renewal: Absent any specific provision in the applicable rules, the Organization has no legal obligation to take any...

Termination of permanent appointment in case of post abolition: A decision to terminate a permanent appointment of a General Service staff member, taken on the basis of a decision by the General Assembly to abolish all posts in the category of that encumbered by the Applicant is legal, provided that no post at the mission remains for which the Applicant could potentially have been considered.Staff consultation: An essential element of consultation is that each party have the opportunity to make the other party aware of its views. However, consultations are not negotiations and it is not...

Termination of permanent appointment in case of post abolition: A decision to terminate a permanent appointment of a General Service staff member, taken on the basis of a decision by the General Assembly to abolish all posts in the category of that encumbered by the Applicant is legal, provided that no post at the mission remains for which the Applicant could potentially have been considered.Staff consultation: An essential element of consultation is that each party have the opportunity to make the other party aware of its views. However, consultations are not negotiations and it is not...

The Respondent submitted that the application was not receivable because the Applicant did not submit a request for management evaluation within 60 days of receiving notification of the contested decision, as required by the Staff Rules. The Respondent produced minutes of four meetings held in June 2014, submitting that in the three of the four meetings, the Applicant was informed that her fixed-term appointment would expire and would not be renewed. The Applicant contested the accuracy of the minutes. A hearing on receivability was held at which each of the participants in the June 2014...

Scope of judicial review concerning post abolition: it is not for the Tribunal to substitute its own views to that of the Secretary-General on how to organize work and meet operational needs. The Tribunal may only examine and set aside decisions on very limited grounds, where there has been a finding of a breach of the administrative law considerations surrounding a decision.Improper motive: an Applicant has the burden of proof when seeking to demonstrate any improper motive.Comparative Review Policy for Locally Recruited Staff Members – paragraph 4: in the context of an exercise to abolish a...

The UNDT found that the first case (UNDT/NY/2015/038) was not receivable due to the Applicant’s failure to comply with the relevant time limit for the filing of her request for management evaluation. The UNDT found that the second case (UNDT/NY/2015/038) was also not receivable as the Applicant’s argument that her earlier evaluation request (to which she received no reply) should be considered as the applicable management evaluation request would have resulted in her application being time-barred by several months.

The Tribunal found that the Applicant’s fixed-term appointment was not renewed because contrary to its claims, the UNMIL Administration did not follow proper procedures in determining whether he should be reassigned to the new D-1 position in the office of the D/SRSG Rule of Law. The Tribunal also found that the Applicant was not given full and fair consideration for the new D-1 position in the office of the D/SRSG Rule of Law and that the guidance provided in the Secretary-General’s report and the counsel of the General Assembly were ignored. Due process – No comparative review or any review...

The Tribunal found that her separation upon the expiry of her contract was not the subject matter of the Application before it. Damages for moral injury – As held by UNAT in Asariotis, damages for moral injury may arise in two situations: first, for a fundamental breach of the employee’s substantive entitlements arising from his or her contract, and/or from a breach of procedural due process entitlements; secondly, where the employee has produced evidence of harm, stress or anxiety caused by the breach.

The Tribunal concluded that the non-renewal of the Applicant’s fixed-term appointment (FTA) was unlawful because he was erroneously subjected to a recruitment and selection process after he had been successfully transitioned from UNMIS to UNMISS as the sole candidate for the post of State Coordinator in Aweil. The Applicant was awarded compensation of one year’s net base salary. Lateral transfer: The Tribunal noted the absence of important terms in the 19 December 2010 letter regarding the length of the assignment and reabsorption and concluded that the Applicant had, in fact, been laterally...

Non-renewal: A non-renewal decision can be based on a mere reduction of work, based on a workload prognosis—made at the time of the decision. This can lead to a situation where a regular budget post remains vacant without actually being abolished. There is no legal obligation for the Administration to renew a staff member’s FTA based solely on the fact that the respective post is funded. On the contrary, it may be in the best interest of the Organization to save money instead of using available resources at all cost. In assessing future workload, the Administration necessarily has to make some...