¹ú²úAV

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 in good faith. A new administrative issuance on iSeek or other electronic systems is not appropriate notice due to the lack of internet access for many. The Administration’s decision was therefore prima facie unlawful; Urgency: The Applicant was not given adequate notice to contest the decision. The decision was shared on 25 October 2011 and would take effect on 31 October 2011. The Applicant made the necessary submissions in a prompt and timely fashion, meeting the requirement of urgency; Irreparable harm: Unemployment for the mandatory one month period does present irreparable harm as found in paras.39 and 40 of Villamoran UNDT/2011/126. The break in service will Outcome: The Tribunal ordered the suspension of action, pending the management evaluation of the decision.