¹ú²úAV

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9(6)(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that the Applicant’s termination was unlawful because he did not receive proper...

The Tribunal found that the Respondent did not comply with his obligation to make reasonable and good faith efforts under staff rules 9.6(e) and 13.1(d) to find the Applicant an alternative post. Termination of appointment: A termination of a contract of employment by reason of restructuring of the workplace is lawful provided that the Organization discharges fully its duty and obligations towards the displaced staff member in accordance with the applicable law; the latter, in the case of termination of a permanent appointment for abolition of post, is staff rules 9.6(e) and 13.1(d). Duty of...

Lawfulness of non-renewal decision: The Tribunal held that the instructions from UNHQ about the need for UNMIL to cut its budget by downsizing provided ample justification for the restructuring of the Mission which included the down-grading of a number of posts, including that encumbered by the Applicant. The Tribunal was satisfied that the reasons for the restructuring were genuine. Abolition of post: The Tribunal concluded that the contested decision was clear on its face that it was due to budget cuts and downsizing. Consequently, the Tribunal held that the reference to the abolition of the...

Downsizing: The Tribunal found that the decision to cut the Applicant’s post and to not renew her appointment beyond its expiry was made in the context of the downsizing of the Mission. It was a rational decision made in light of the needs of the Organization. It was made and conducted in accordance with the procedures outlined in the information circulars. It was, with the exception of the short delay in conveying the actual decision, procedurally regular and lawful.Comparative review process: The Tribunal concluded noted that the functional title of the Applicant’s post did not match the...

Abolition of post: The Tribunal concluded that the Administration was not fair, just, or transparent in its dealings with the Applicant over the discontinuation of his position. The procedure adopted for the discontinuance of the Applicant’s position was not in accordance with the relevant rules, regulation and procedures. The Administration failed to comply with the Guidelines concerning the timing of the written notification of the proposal to the Applicant, discussions with the manger and submission of the proposal to the Budget Committee. The failure to immediately notify him of the...

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...

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...

Scope of application: It is an essential and inherent part of the duties of a Judge to clarify, interpret and comprehend what the claim is to identify what is in fact being contested. Time limits (receivability ratione materiae): Time limits do not begin to run anew simply because and when an Applicant is provided with a reasonable belief that there are grounds to request management evaluation of a decision that was notified at an earlier stage. Administrative decision (receivability ratione materiae): In case of post abolition, the decision to (re)advertise the post is not an administrative...

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.