¹ú²úAV

In examining the validity of the Administration’s exercise of discretion, the Dispute Tribunal’s scope of review is limited to determining whether the exercise of such discretion is legal, rational, reasonable and procedurally correct to avoid unfairness, unlawfulness or arbitrariness. The Dispute Tribunal can consider whether relevant matters have been ignored and irrelevant matters considered, and also examine whether the decision is absurd or perverse. But it is not the role of the Dispute Tribunal to consider the correctness of the choice made by the Secretary-General amongst the various courses of action open to him. Nor is it the role of the Tribunal to substitute its own decision for that of the Secretary-General. It would be unreasonable to require the Administration to restart the termination process if a new performance appraisal is completed before a final termination decision is taken. Otherwise, it would potentially place the Administration in an endless cycle whereby it could never be in a position to terminate the appointment of a staff member. A PIP may be initiated where the other remedial actions instituted in application of 10.1 of ST/AI/2010/5, including counselling and training, do not result in the improvement of Case No. UNDT/NY/2019/032 Judgment No. UNDT/2020/087 Page 9 of 10 the performance.