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UNAT held that UNDT correctly found that the non-extension of Mr Houenou’s temporary appointment was a proper exercise of discretion in light of the mission’s budgetary situation.

Prima facie unlawfulness: The Tribunal found in Villamoran UNDT/2011/126, that the mandatory 31-day break in service for staff between their fixed-term and temporary appointments, if not supported by law, is prima facie unlawful. The Respondent was ordered to provide evidence to support the decision but failed to do so. The evidence submitted neglected to show the publication date or the precise method of publication of the revised administrative instruction. The Administration has an obligation to properly announce amendments to Staff rules and regulations for decisions to be proper and made...

The UNDT found that the Panel on Discrimination and other Grievances, which was the body mandated to investigate the Applicant’s complaint, failed to act expeditiously in bringing the Applicant’s case to conclusion, finish its investigation, and issue its final report, as required by ST/AI/308/Rev.1. The UNDT found that the Organization failed to properly address the Applicant’s complaint of harassment and discrimination and was thus in breach of the Applicant’s contract. The UNDT found that the Applicant did not prove that any actual economic loss warranting compensation was caused to him...

The UNDT found that the Applicant failed to satisfy the requirements of irreparable damage and particular urgency. The application for suspension of action was rejected.

Consultations: “Consultation with the appropriate staff representative bodies” does not mean that for an administrative instruction to enter into force, it must necessarily meet the agreement of the staff representatives.Acquired right: An acquired right is breached only when an amendment adversely affects the balance of contractual obligations by altering fundamental or essential terms of employment.Irreparable damage: Mere financial loss is not enough to satisfy the test of irreparable damage. Harm to professional reputation and career prospects, or harm to health, or sudden loss of...

The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues—(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant’s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization’s obligation to regularly inform its employees concerning the...

The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues—(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant’s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization’s obligation to regularly inform its employees concerning the...

The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues—(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant’s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization’s obligation to regularly inform its employees concerning the...

The Tribunal concludes that the decision appears prima facie to be unlawful. The instant case meets the requirement of urgency. The Tribunal accepts the Applicant’s assessment of the potential irreparable harm the implementation of the break in service would cause, particularly in light of the visa implications and his children’s educational needs. The Tribunal orders suspension, during the pendency of the management evaluation, of the implementation of the decision requiring the Applicant to take a mandatory break in service after the expiration of his fixed-term contract and prior to a...

UNDT held that the impunged decision was prima facie unlawful. UNDT held that, in the absence of some emergency situation, the Organization must keep staff informed of changes in key legislation and with sufficient time for the staff to take steps to find alternative employment, accommodation and address their visa status, particularly where changes will affect so many staff and their families. UNDT held that, since the Applicant only became aware, on 27 October 2011, of a decision that would be implemented on 31 October 2011, and that the Applicant’s filing of his application was prompt and...