AV

UNDT/2012/090

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UNDT/2012/090, Al-Alamy

UNAT Held or UNDT Pronouncements

The UNDT found that the non-renewal appeared to be based on a mission-wide retrenchment exercise and that it appeared that the Applicant served in an occupational group and against a functional title impacted by the downsizing of MINUSTAH. The UNDT found that there was no evidence before it to indicate that the panel responsible for carrying out a comparative review of the affected staff members erred in applying the agreed evaluation criteria when assessing the Applicant and other staff members in the related category.Outcome: The application for suspension of action was rejected.

Decision Contested or Judgment/Order Appealed

The Applicant, a staff member with the United Nations Stabilization Mission in Haiti (“MINUSTAH”), submitted an application for suspension of action, pending management evaluation, of the decision not to renew her fixed-term appointment beyond its expiration date of 30 June 2012.

Legal Principle(s)

Prima facie unlawfulness: For the prima facie unlawfulness test to be satisfied, it is enough for an applicant to present a fairly arguable case that the contested decision is unlawful.

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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
Al-Alamy
Entity
MINUSTAH
Case Number(s)
UNDT/NY/2012/042
Tribunal
UNDT
Registry
New York
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Suspension of action / interim measures
Prima facie unlawfulness
Applicable Law
UNDT RoP
UNDT Statute
Related Judgments and Orders
UNDT/2011/126