����AV

As a first preliminary matter, UNAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. UNAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant’s own motions and UNAT would not have asked her to disclose such information. UNAT denied the motion. As a second preliminary matter, UNAT considered a motion to respond to the Respondent’s observations on a motion. UNAT held that its RoP did...

Prima facie unlawfulness Having reviewed the Applicant’s performance evaluations, the Tribunal had doubts as to whether the Applicant’s direct supervisors were indeed consulted before the lieutenants finalized and gave to the Applicant the performance evaluation forms on 9 June 2011. Absent an explanation from the Respondent on this particular point, these doubts had a direct impact on the lawfulness of the contested decision. If indeed the Administration did not follow its accepted and reasonable practice, the decision not to extend the Applicant’s appointment due to his poor performance...

He claims that all other retirees who had been employed were granted the maximum of 125 working days under ST/AI/2003/8/Amend.2, while he was granted only 106 working days in 2013. The Chief, CTS, allegedly favored those retirees who invited him/made him gifts, while the Applicant was discriminated and retaliated, since he had reported the unethical behavior by the Chief, CTS. The Tribunal found that retirees have no “right” to be employed for a maximum of 125 working under the terms of ST/AI/2003/8/Amend.2. The Applicant failed to provide evidence that the decision was motivated by extraneous...

The UNDT found that the decision was in violation of an express written promise of renewal for three months by the head of her mission.

The Applicant’s appeal against her own selection for the TJO is not receivable because it is time-barred under staff rule 11.2(c). As no reasonable remedy would be available for the Tribunal to rectify the situation to the relevant applicant’s advantage, the appeal would only be of speculative interest. In the present case, the Applicant basically appeals against herself being selected for and appointed to a job, which is evidently an administrative decision to her advantage. Consequently, the Applicant’s appeal of the decision to recruit her against the TJO is not receivable as it does not...

The Applicant’s performance appraisal was fair and supported by the facts in evidence. The Administration was justified in deciding not to extend the Applicant’s temporary appointment for poor performance. There was no justification to extend the Applicant’s appointment beyond the maximum 364 days. The Applicant filed a complaint of harassment after she had received the request for management evaluation. She was therefore not able to show a link between her complaint and the decision not to renew her appointment given that the decision occurred months before the filing of the complaint. There...

Upon review of the record, the Tribunal finds that no official commitment was made to the Applicant in writing which would give rise to a legitimate expectation of renewal of his temporary appointment. The erroneous approval by the OIC of Mission Support cannot be understood to create a legitimate expectation of the renewal. There was maladministration in terms of delay in communicating the error to the Applicant and the Respondent has provided compensation to the Applicant in that respect. The Applicant has failed to provide any evidence that the Administration’s finding that there were no...

The evidence shows that the Applicant was put on notice of her performance shortcomings orally during the period of the first performance appraisal and in writing thereafter. The Applicant continued to receive feedback on her appraisal throughout the period of the second appraisal. The Applicant elected to submit a written explanatory statement which, as agreed with the Management Evaluation Unit, was included in her Official Status File. In conclusion, the evidence shows that while some procedural irregularities occurred in the recording of the Applicant’s performance,t eh overall evaluation...