¹ú²úAV

UNAT considered an appeal by the Secretary-General. UNAT held that, at the time UNICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. UNAT affirmed UNDT’s finding that the staff member’s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration’s decision to reverse the decision was untimely and ineffective. UNAT held that there was no reason to reverse UNDT’s finding that the staff member had been deprived of a meaningful opportunity to rebut her PER for 2010 and that, therefore, the PER could not be relied on. UNAT affirmed UNDT’s finding that the termination of staff member’s appointment was unlawful because her unsatisfactory performance had not been established. UNAT affirmed UNDT’s conclusion that no proper investigation into the complaints of harassment and abuse of authority had taken place. UNAT held that there was no error in UNDT’s decision that the circumstances of the case merited a compensatory award. UNAT, however, held that the complaint of harassment should not be treated as a separate circumstance and set aside the compensation granted for emotional distress. UNAT held that there was no provision for rescission or removal of a PER in the Staff Regulations and Rules and, therefore, set aside the orders of recission and removal of the 2010 PER. Subject to the variations in damages, UNAT dismissed the appeal and affirmed the UNDT judgment.