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The Tribunal concluded that there were critical procedural irregularities that rendered the investigation and the contested decision unlawful. Procedural irregularities: The Tribunal concluded that: (i) in the light of the findings of the Inspection Mission, which investigated the same complaints as the Investigation Team, it was an abuse of discretion on the part of the Respondent to establish a second body and labeling it an Investigation Team to carry out the same exercise that had been carried out by the Inspection Mission; (ii) the Investigation Team committed a number of procedural...

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

The UNDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the UN Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant’s illness and the potential for disrupting patients of the JMS clinic. The...

The Tribunal found that the Applicant has discharged the burden of proof in showing that her non-selection for the upgraded post and her subsequent separation from the Organization were motivated by bias, procedural breaches, retaliation and other improper motives. Procedural flaws - The UNIFEM Selection Guidelines were not complied with during the selection process. The Tribunal found several procedural flaws in the selection process. Priority Consideration - Priority consideration is only to be exercised if an Applicant entitled to it is recommended for appointment following an interview...

Announcement of NYGSCAC composition The Tribunal notes that ST/IC/2011/17 (Membership of the New York General Service Classification Appeals Committee) was issued by the ASG/OHRM on 7 June 2011, on the same day that the NYGSCAC issued its report.The Applicants’ right to be informed of the composition of the NYGSCAC in a timely manner was not respected. Moreover, the NYGSCAC, as an appellate body, must have impartial members to ensure the fairness of the review, and the appellants must have the possibility to request the replacement of any member, including the chairperson, if any of them are...

UNICEF had made the Applicant applying and being selected to a UNICEF vacant post a condition for his return. The Tribunal found that by imposing such a condition to the Applicant’s return, UNICEF violated the terms of his secondment, under which the Applicant retained “rights to employment” in the releasing organization (i.e., UNICEF). Compensation in lieu of rescission: although the chain of events lead to ending the Applicant’s permanent appointment with UNICEF, this was not the direct consequence of the contested decision, i.e., conditioning the Applicant’s return to UNICEF service after...

The Tribunal was satisfied that the relevant rules were followed and found that the Applicant failed to show evidence that the decision was based on extraneous factors. It concluded that the Applicant was given full and fair consideration and rejected the application. Written test: Where an Applicant successfully passed an anonymous written test, but is subsequently eliminated at the stage of the interview, the question of who should have designed and corrected the written test in a selection process is not determinant for the outcome of the selection process vis-à-vis the Applicant. Any...

The Tribunal noted that the relinquishment of the Applicant’s post was not imposed upon her by the Administration. It occurred at her own initiative and of her free will. It found that the termination decision was lawful and rejected the application. Termination of an FTA: The FTA of a staff member who signed an agreement relinquishing the lien on his/her regular post and, hence, who has no post to return to, can be terminated on the basis of that agreement. The Administration has no duty to make good faith efforts to place that staff member against a suitable post beyond the terms of the...

UNDT held that the non-renewal of the Applicant’s contract was unlawful and that this decision was made in breach of his due process rights. UNDT held that the Panel erred when it recommended that the Applicant’s contract should not be renewed. UNDT noted that the Administrative Instruction ST/AI/2010/5 does not grant a rebuttal panel the power to make recommendations on the extension or termination of a staff member’s contract. UNDT also noted that not all procedural errors are prejudicial and not all procedural errors violate a party’s due process rights, and it behooves the Tribunal to...

UNDT held that the conduct of the Acting Chief of Mission Support and the Applicant’s direct supervisor constituted an abuse of authority in their treatment of the Applicant. Given the gross injustice meted out to the Applicant by her managers, UNDT awarded her compensation representing twelve months' net base salary. UNDT awarded the Applicant three months’ net base salary as moral damages. UNDT awarded the Applicant USD5,000 for the unfair treatment at the hands of her managers. UNDT noted that the two managers literally destroyed the Applicant’s career and made decisions in clear breach of...