UNDT/2011/147, Jocondo
UNAT Held or UNDT Pronouncements
The Tribunal recalled that the burden of proof lay on the Applicant and there was nothing on record to show that the contested decision was made on the ground of improper motives against the Applicant. On the contrary, it found that OCHA had acted in good faith.
Decision Contested or Judgment/Order Appealed
The Applicant sought a suspension of action of the decision not to renew his appointment beyond 31 July 2011.
Legal Principle(s)
In cases of abolition of post due to budgetary necessities, the Administration must act in good faith.
Outcome
Dismissed on merits
Outcome Extra Text
The Tribunal dismissed the Applicant’s request for suspension of action of the decision to abolish the post he encumbered in Haiti and reassign him to Dakar, Senegal, on a position at the P-5 level.
Applicants/Appellants
Jocondo
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Tribunal
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Applicable Law