¹ú²úAV

Outcome: Judgment for the Applicant. The UNDT ordered: (i) USD50,000 for the breach of the Applicant’s right to be properly considered for an appointment beyond 31 December 2005 and resultant harm; (ii) USD20,000 for anxiety and emotional distress. The Tribunal finds that the Respondent failed to give full, fair, and proper consideration to the Applicant’s candidacy, contrary to the unanimous recommendation of the Bureau of the COP. The UNDT found that had the Respondent followed proper procedure and afforded proper consideration, the Applicant stood a significantly high chance of receiving an...

An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.

In this judgment, on one hand, the Tribunal ruled in favour of the Organization and on the other, in favour of the Applicant. For the Organization - the Tribunal found that non-renewal of the Applicant’s appointment was properly based on efforts by the Organization to streamline its practices in line with the funding situation it faced. For the Applicant - the Tribunal held that the Respondent’s repeated renewal of the Applicant’s appointment and penultimate renewal without a break-in-service with the same conditions of service gave the Applicant a legitimate expectation of renewal.

The Tribunal established that it was clear from the facts and documents provided that the Applicant never received written notice of non-renewal of his contract but was informed orally. The Tribunal thus concluded that the Applicant's rights were not respected and strongly condemned the attitude of the Administration which, despite the decisions of the Appeals Tribunal in which it had been decided that written notification was essential in order to allow a staff member to assert his rights, had simply decided to ignore these principles. Consequently, the Tribunal held that it was unable to...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...