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UNDT/2020/025, Zong

UNAT Held or UNDT Pronouncements

The evidence shows that the Applicant was put on notice of her performance shortcomings orally during the period of the first performance appraisal and in writing thereafter. The Applicant continued to receive feedback on her appraisal throughout the period of the second appraisal. The Applicant elected to submit a written explanatory statement which, as agreed with the Management Evaluation Unit, was included in her Official Status File. In conclusion, the evidence shows that while some procedural irregularities occurred in the recording of the Applicant’s performance,t eh overall evaluation of her performance was fair and well-based. The Applicant did not demonstrate ulterior motive or ill-intent in the recording of her performance. Therefore, the decision not to extend the Applicant’s appraisal because of poor performance was lawful.

Decision Contested or Judgment Appealed

The decision not to renew the Applicant's temporary appointment for poor performance.

Legal Principle(s)

The decision not to extend the Applicant’s temporary appointment because of poor performance was based on facts and devoid of ulterior motive, therefore lawful.

Outcome
Dismissed on merits

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Applicants/ Appellants
Zong
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