����AV

The Respondent discharged the evidentiary burden of minimal showing that the decisions regarding abolition of the Applicant’s post leading to non-renewal of his fixed-term appointment and separation were lawful. The witnesses were credible, their evidence was cogent, reliable, consistent and corroborative. It was not contradicted in any meaningful manner. After examining the Applicant’s and his witnesses’ testimonies, the Tribunal was not convinced that the Applicant has made a clear and convincing case to rebut the presumption that the abolition of his post leading to the non-renewal of his...

The main issue for the Tribunal’s consideration in this case related to whether the abolishment of the Applicant’s post leading to the non-renewal of his fixed-term appointment was lawful.

The Tribunal defined the issues to be examined in the present case as follows:

Whether the restructuring was genuine;
The evidence on record showed that the restructuring was done within the framework of the UN Secretariat-wide transition of Enterprise Information and Communication Technology (“ICT”) services to the cloud. ESCAP made strategic changes to implement this new approach, leading to the...

The UNAT declined Mr. Turk’s request for an oral hearing, and found no error in the UNDT’s decision not to order the production of additional documents.

The UNAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The UNAT also confirmed that the Tribunals will not interfere with the Organization’s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the UNAT held that the...

The UNAT concluded that the Dispute Tribunal had been guided by the appropriate factors in making its award of compensation in lieu.  Specifically, the UNDT had considered the seniority of the staff member, the type of contract he held and the chance of being offered equivalent positions, the reasons for termination, and months of service until retirement age.  In light of the UNAT’s deference to the UNDT in such matters, the UNAT found it to be an adventure in futility to re-examine these factors.

The UNAT rejected the Secretary-General’s contention that the length of the Temporary Job...

Mr. Younis appealed. The UNAT found that after perusing the PHP submitted by Mr. Younis, the UNDT had held that the suitability review was correct.  The PHP confirmed the Administration’s assessment of Mr. Younis’ work experience.  The total number of years of his experience for the two criteria had been properly arrived at by first determining if the nature of his work experience fulfilled the relevant criteria and then the number of years for which he had served in relevant roles was computed for both criteria.  The UNAT held that even if Mr. Younis was given the benefit of the doubt on the...

UNAT disagreed and found the background of the prior retaliation against the Staff Member affects the principle of the presumption of regularity. In light of the circumstances of this particular case, UNAT found the Administration bore the obligation to justify the lawfulness of its decision to cancel the Job Opening. UNAT thus found the UNDT erred by not requiring the Administration to establish its justification in law for the cancellation of the Job Opening. The administrative decision to cancel the Job Opening was rescinded, and the Tribunal set in lieu compensation at two years’ net base...

The Secretary-General filed an appeal. UNAT granted the appeal and vacated the UNDT Judgment. UNAT held that while the determination of which staff members should be compared is “primarily guided by the functional title as per the staff member’s letter of appointment”, there can be cases where the functional title does not reflect the actual functions performed as in the present case. In these circumstances, the CHRO must determine which individual falls into which occupational group. Ms. Barud’s role and functions changed in May 2018 to a Facilities Management Assistant. Therefore, at the...

The Tribunal held that based on the available evidence, the Administration had demonstrated that all reasonable efforts were made to consider the Applicant for available suitable posts in keeping with staff rules 9.6(e) and 13.1(d). Good faith efforts to place him in a suitable alternative post were made by the Organization and the Applicant did not find a suitable position before his separation. Accordingly, the application was dismissed.

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, UNAT held that there was no merit in the staff member’s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, UNAT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. UNAT held that the staff member had failed to demonstrate any error in the UNDT...

UNAT considered an appeal by the Secretary-General. UNAT held that the central question before it was whether the Organisation complied with its obligation to Ms. El-Kholy to find her a suitable post. UNAT held that the Administration failed in its obligation to demonstrate that all reasonable and good faith efforts had been made to consider the staff member for available and suitable posts within UNDP before terminating her permanent appointment. UNAT held that the Administration’s obligation to find a vacant and suitable post did not shift to the Appellant, regardless of the following: her...