UNDT/2012/140 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/140, Ullah

UNAT Held or UNDT Pronouncements

Assessment of prima facie unlawfulness: In the course of suspension of action proceedings sufficient proof of the facts must be presented in view of the strict time limits governing the suspension of action procedure.

Decision Contested or Judgment Appealed

The Applicant, on secondment from Government service, submitted an application for suspension of action, pending management evaluation, of the decision not to extend his fixed-term appointment on the grounds of his performance, as well as, an undetermined OIOS investigation. In alleging that the contested decision is prima facie unlawful, he challenged the reasons provided for the non-renewal in light of his ePAS records assessing his performance with no show of instances of difficulties and/or shortcomings. The Tribunal finds that the Respondent did not adduce sufficient evidence and facts on which the decision of non-renewal can be based and granted the suspension of action.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Suspension of action granted

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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

Ullah

Entity

UNGSC

Case Number(s)

UNDT/GVA/2012/074

Tribunal

UNDT

Registry Location :

Geneva