UNDT/2011/197

UNDT/2011/197, Gabriel-Van Dongen

UNAT Held or UNDT Pronouncements

The UNDT identified several deviations in the performance evaluation procedures, but found that some of them resulted from the Applicant’s actions. The UNDT found that no harm warranting compensation was caused to the Applicant, including to her career, by the identified deviations in the performance evaluation process as the Applicant separated from service for medical reasons. The UNDT further found that the decision to reassign the Applicant within the same department was lawful. The application was rejected.

Decision Contested or Judgment/Order Appealed

The Applicant contested two administrative decisions: (i) the alleged decision not to carry out her performance evaluation for the period of 1 May 2005 to 31 March 2006 in a lawful manner and in accordance with the established procedures; and (ii) the decision to reassign the Applicant from one senior position to another within the same department.

Legal Principle(s)

Performance evaluation: Although heads of departments and offices have the primary responsibility for the timely execution, overall compliance with, and fair implementation of the performance evaluation process, staff members also bear responsibility for complying with the established procedures.Reassignment, transfer: Staff regulation 1.2(c) gives the Secretary-General broad discretion in making reassignment decisions, but this discretion is not unfettered and must not be tainted by improper motives.Compensation: Not every violation of due process rights will necessarily lead to an award of compensation. Compensation may only be awarded if it has been established that the staff member actually suffered damages

Outcome

Dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/Appellants

Gabriel-Van Dongen

Entity

Case Number(s)

Tribunal

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